Hopewell Township Washington County, PA Zoning Ordinance

Hopewell Township Washington County
City Zoning Code

ARTICLE V

Permitted Uses; Yard Encroachments; Heritage District Overlay

§ 320-501 Principal and accessory uses.

Principal uses. Principal uses and/or associated buildings/structures are permitted on a lot as designated in Table 1[1] as follows:

(1)

(P), a permitted use by right on a lot anywhere within the specified base zoning district.

(2)

(C), a use permitted as a conditional use.

[1]

Editor's Note: Said table is included as an attachment to this chapter.

Accessory uses. Accessory uses and/or associated accessory buildings/structures are permitted only in conjunction with an established principal use and must be located on the same lot as the principal use.

§ 320-502 Permissible uses; shared land uses.

Table 1 identifies which land uses are permissible in each of Hopewell Township and West Middletown Borough zoning districts.[1] After locating the zoning district in which the lot is located, use the listing of uses described in the table below to determine what uses are permissible by right, by conditional use and as a use by special exception. If no letter denotation exists, the use is not permissible in that zoning district. In accordance with Article VIII-A of the Pennsylvania Municipalities Planning Code (MPC),[2] Hopewell Township and West Middletown Borough share some land uses with Canton Township and North Franklin Township. See the zoning ordinances of Canton Township and North Franklin Township for any land use and corresponding definition that is not noted as permissible in any zoning districts of Hopewell Township and West Middletown Borough.

[1]

Editor's Note: Said table is included as an attachment to this chapter.

[2]

Editor's Note: See 53 P.S. § 10801-A et seq.

§ 320-503 Yard encroachments.

[Amended 12-9-2019 by Ord. No. 02-2019]

The following structures may encroach into required yard setbacks, as provided (subject to any specific regulations set forth herein or throughout this chapter and/or state/federal laws):

Awnings, canopies, eaves, wing walls, chimneys and steps, as follows:

(1)

Roof overhangs and projections of any principal structure may encroach up to 2 1/2 feet into any required yard setbacks.

(2)

Canopies, open balconies, pivoted or casement sash, cornices, eaves and similar architectural features may encroach:

(a)

Not more than four feet into the required front yard setback if eight feet or more of clear headroom is provided under such projection; and

(b)

Not more than three feet into any side or rear yard setback if seven feet or more of clear headroom is provided under such projection.

(3)

Chimneys may encroach no more than two feet into any side or rear yard setback if the portion of chimney structure that is encroaching into said yard is not more than six feet wide.

(4)

Steps, including associated platforms, stoops and porches that do not exceed the finished floor elevation in height, may encroach into any yard not more than four feet. Such structures may be provided with railings not to exceed three feet in height above the surface of the steps or associated structure.

Driveways. In addition to a driveway, a lot may also have a governor's driveway, either connected to or independent from any permitted driveway. However, in no event shall more than two curb cuts per lot on any one street be authorized. A governor's driveway shall consist of a driveway no more than 12 feet in width with no turnaround areas, with both ends connecting to the street at the front property line, and with the central portion of the governor's driveway passing within 12 feet of an entrance to the principal building. The distance between the center lines of the governor's driveway along the front property line shall be spaced at least 70 feet apart. (Example: If the driveway is 12 feet wide and must be at least four feet from side lot lines, then the lot width is a minimum of 90 feet).

Fences, walls and hedges subject to district regulations.

Irrigation water pumps, wells, water meters, electrical meters and similar aboveground telephone and cable utility company equipment typically found on single-family residential lots.

Landscaping.

Water lift station.

Underground utilities, including stormwater pipes and culverts.

Utility poles and transmission lines.

Private off-street parking areas in other than residential zoning districts that are located no more than 200 feet from the northerly right-of-way line.

§ 320-504 Heritage District Overlay.

Applicability of regulations.

(1)

These regulations shall apply to the Heritage District Overlay ("overlay") area.

(2)

These regulations shall be administered by the Borough, with consultation of the Heritage District Committee.

(3)

Boundaries. The Heritage District Overlay shall conform to the boundaries shown on the Zoning Map.[1] The overlay includes each parcel containing one or more resources. An inventory of resources is available at the Borough Municipal Building.

(a)

All of the provisions of the applicable underlying zoning districts shall continue to apply in addition to the provisions of this section. In the event of a conflict between the provisions of this overlay and the underlying zoning district, the provisions of this overlay shall apply.

(b)

Should the boundaries of the overlay be revised as a result of legislative or administrative actions or judicial decision, the underlying zoning requirements shall continue to be applicable.

[1]

Editor's Note: Said map is included as an attachment to this chapter.

(4)

Covenants and easements. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions.

Purpose. The Heritage District Overlay follows the boundaries of the Borough's parcels along Main Street (PA Rte. 844) and is intended to promote the general welfare of West Middletown Borough through the following goals:

(1)

To promote the retention of historic resources through preservation of local heritage by recognition and protection of resources.

(2)

To establish a clear process through which proposed changes affecting resources are reviewed by the Heritage District Committee and the Borough, overall.

(3)

To mitigate the negative effects of proposed changes affecting historic resources.

(4)

To encourage the continued use of historic resources and facilitate their appropriate reuse and/or adaptive reuse.

(5)

To discourage the demolition of historic resources and established heritage.

(6)

To implement the following sections of the Pennsylvania Municipalities Planning Code (MPC):

(a)

Section 603(b)(5)[2] which states that zoning ordinances may permit, prohibit, regulate, restrict and determine protection and preservation of natural and historic resources;

[2]

Editor's Note: See 53 P.S. § 10603(b)(5).

(b)

Section 603(g)(2)[3] which states that "zoning ordinances shall provide for protection of natural and historic features and resources";

[3]

Editor's Note: See 53 P.S. § 10603(g)(2).

(c)

Section 604(1)[4] which states that "the provisions of zoning ordinances shall be designed to promote, protect and facilitate any or all of the following: . . .preservation of the natural, scenic and historic values..."; and

[4]

Editor's Note: See 53 P.S. § 10604(1).

(d)

Section 605(2)(vi)[5] whereby uses and structures at or near places having unique historical, architectural or patriotic interest or value may be regulated.

[5]

Editor's Note: See 53 P.S. § 10605(2)(vi).

General provisions.

(1)

Identification. The Inventory of Heritage Resources, as amended from time to time, shall be available on file at the Borough Municipal Building.

(2)

Criteria for determination. A building, structure, object, site, or district is depicted as a heritage resource due to the fact that it:

(a)

Is associated with events that have made a significant contribution to the broad patterns of our local, state, or national history; or

(b)

Is associated with the lives of people, local, state, or national, who were significant in our past; or

(c)

Embodies the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction (a neighborhood or village for example); or

(d)

Has yielded or may be likely to yield, information important in history or prehistory (archaeology).

(e)

Classifications.

[1]

Buildings, objects, sites, or districts that are:

[a]

Listed on or have received a determination of eligibility (DOE) to be listed on the National Register of Historic Places; or

[b]

Resources within a district that contribute to a National-Register-listed or eligible district.

[2]

Buildings, objects, sites, or districts that are resources that are deemed by the Borough to substantially meet one or more of the heritage criteria at the local level.

Demolition process, removal or relocation of resources. General requirements: Demolition in whole or part, removal or relocation of resources identified as contributing to community heritage shall be regulated in accordance with the provisions of the Borough subdivision and land development ordinance.

Application procedures/review.

(1)

Application procedures. When the Zoning Officer receives a complete application, that application shall be forwarded to the Heritage District Committee.

(2)

Criteria for review shall be in accordance with information to the extent which it fulfills requirements outlined on the West Middletown Borough Overlay application form.

(3)

Review procedure.

(a)

The applicant shall be provided an opportunity to present their proposal to the Heritage District Committee at its scheduled meeting. The Zoning Officer shall attend this meeting to listen to the applicant's presentation.

(b)

The written recommendations of the Heritage District Committee shall be forwarded to the Borough Planning Commission. The Borough Planning Commission shall review said information and forward their recommendation to Borough Council. Permitting associated with any approvals shall be issued by the Borough. Recommendations shall consider the goals and objectives set forth in the Comprehensive Plan.

(4)

Associated land development plan. If the application is being requested to facilitate future development of the land, then said permit shall not be issued until the following additional requirements have been satisfied:

(a)

Approval of the land development plan by the Borough Council;

(b)

Issuance of any necessary zoning approvals; and

(c)

The recording of the approved subdivision or land development plan for the parcel where the demolition, removal or relocation is proposed.

(5)

Denial. If an application is denied, the applicant may appeal the Borough's decision to the Zoning Hearing Board.

Hopewell Township Washington County
City Zoning Code

ARTICLE V

Permitted Uses; Yard Encroachments; Heritage District Overlay

§ 320-501 Principal and accessory uses.

Principal uses. Principal uses and/or associated buildings/structures are permitted on a lot as designated in Table 1[1] as follows:

(1)

(P), a permitted use by right on a lot anywhere within the specified base zoning district.

(2)

(C), a use permitted as a conditional use.

[1]

Editor's Note: Said table is included as an attachment to this chapter.

§ 320-502 Permissible uses; shared land uses.

[1]

Editor's Note: Said table is included as an attachment to this chapter.

[2]

Editor's Note: See 53 P.S. § 10801-A et seq.

§ 320-503 Yard encroachments.

[Amended 12-9-2019 by Ord. No. 02-2019]

The following structures may encroach into required yard setbacks, as provided (subject to any specific regulations set forth herein or throughout this chapter and/or state/federal laws):

Awnings, canopies, eaves, wing walls, chimneys and steps, as follows:

(1)

Roof overhangs and projections of any principal structure may encroach up to 2 1/2 feet into any required yard setbacks.

(2)

Canopies, open balconies, pivoted or casement sash, cornices, eaves and similar architectural features may encroach:

(a)

Not more than four feet into the required front yard setback if eight feet or more of clear headroom is provided under such projection; and

(b)

Not more than three feet into any side or rear yard setback if seven feet or more of clear headroom is provided under such projection.

(3)

Chimneys may encroach no more than two feet into any side or rear yard setback if the portion of chimney structure that is encroaching into said yard is not more than six feet wide.

(4)

Fences, walls and hedges subject to district regulations.

Irrigation water pumps, wells, water meters, electrical meters and similar aboveground telephone and cable utility company equipment typically found on single-family residential lots.

Landscaping.

Water lift station.

Underground utilities, including stormwater pipes and culverts.

Utility poles and transmission lines.

Private off-street parking areas in other than residential zoning districts that are located no more than 200 feet from the northerly right-of-way line.

§ 320-504 Heritage District Overlay.

Applicability of regulations.

(1)

These regulations shall apply to the Heritage District Overlay ("overlay") area.

(2)

These regulations shall be administered by the Borough, with consultation of the Heritage District Committee.

(3)

(a)

(b)

Should the boundaries of the overlay be revised as a result of legislative or administrative actions or judicial decision, the underlying zoning requirements shall continue to be applicable.

[1]

Editor's Note: Said map is included as an attachment to this chapter.

(4)

Covenants and easements. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions.

(1)

To promote the retention of historic resources through preservation of local heritage by recognition and protection of resources.

(2)

To establish a clear process through which proposed changes affecting resources are reviewed by the Heritage District Committee and the Borough, overall.

(3)

To mitigate the negative effects of proposed changes affecting historic resources.

(4)

To encourage the continued use of historic resources and facilitate their appropriate reuse and/or adaptive reuse.

(5)

To discourage the demolition of historic resources and established heritage.

(6)

To implement the following sections of the Pennsylvania Municipalities Planning Code (MPC):

(a)

Section 603(b)(5)[2] which states that zoning ordinances may permit, prohibit, regulate, restrict and determine protection and preservation of natural and historic resources;

[2]

Editor's Note: See 53 P.S. § 10603(b)(5).

(b)

Section 603(g)(2)[3] which states that "zoning ordinances shall provide for protection of natural and historic features and resources";

[3]

Editor's Note: See 53 P.S. § 10603(g)(2).

(c)

[4]

Editor's Note: See 53 P.S. § 10604(1).

(d)

Section 605(2)(vi)[5] whereby uses and structures at or near places having unique historical, architectural or patriotic interest or value may be regulated.

[5]

Editor's Note: See 53 P.S. § 10605(2)(vi).

General provisions.

(1)

Identification. The Inventory of Heritage Resources, as amended from time to time, shall be available on file at the Borough Municipal Building.

(2)

Criteria for determination. A building, structure, object, site, or district is depicted as a heritage resource due to the fact that it:

(a)

Is associated with events that have made a significant contribution to the broad patterns of our local, state, or national history; or

(b)

Is associated with the lives of people, local, state, or national, who were significant in our past; or

(c)

(d)

Has yielded or may be likely to yield, information important in history or prehistory (archaeology).

(e)

Classifications.

[1]

Buildings, objects, sites, or districts that are:

[a]

Listed on or have received a determination of eligibility (DOE) to be listed on the National Register of Historic Places; or

[b]

Resources within a district that contribute to a National-Register-listed or eligible district.

[2]

Buildings, objects, sites, or districts that are resources that are deemed by the Borough to substantially meet one or more of the heritage criteria at the local level.

Application procedures/review.

(1)

Application procedures. When the Zoning Officer receives a complete application, that application shall be forwarded to the Heritage District Committee.

(2)

Criteria for review shall be in accordance with information to the extent which it fulfills requirements outlined on the West Middletown Borough Overlay application form.

Review procedure.

Approval of the land development plan by the Borough Council;

(b)

Issuance of any necessary zoning approvals; and

(c)

The recording of the approved subdivision or land development plan for the parcel where the demolition, removal or relocation is proposed.

(5)

Denial. If an application is denied, the applicant may appeal the Borough's decision to the Zoning Hearing Board.

Hopewell Township Washington County
City Zoning Code

ARTICLE V

Permitted Uses; Yard Encroachments; Heritage District Overlay

§ 320-501 Principal and accessory uses.

Principal uses. Principal uses and/or associated buildings/structures are permitted on a lot as designated in Table 1[1] as follows:

(1)

(P), a permitted use by right on a lot anywhere within the specified base zoning district.

(2)

(C), a use permitted as a conditional use.

[1]

Editor's Note: Said table is included as an attachment to this chapter.

§ 320-502 Permissible uses; shared land uses.

[1]

Editor's Note: Said table is included as an attachment to this chapter.

[2]

Editor's Note: See 53 P.S. § 10801-A et seq.

§ 320-503 Yard encroachments.

[Amended 12-9-2019 by Ord. No. 02-2019]

The following structures may encroach into required yard setbacks, as provided (subject to any specific regulations set forth herein or throughout this chapter and/or state/federal laws):

Awnings, canopies, eaves, wing walls, chimneys and steps, as follows:

(1)

Roof overhangs and projections of any principal structure may encroach up to 2 1/2 feet into any required yard setbacks.

(2)

Canopies, open balconies, pivoted or casement sash, cornices, eaves and similar architectural features may encroach:

(a)

Not more than four feet into the required front yard setback if eight feet or more of clear headroom is provided under such projection; and

(b)

Not more than three feet into any side or rear yard setback if seven feet or more of clear headroom is provided under such projection.

(3)

Chimneys may encroach no more than two feet into any side or rear yard setback if the portion of chimney structure that is encroaching into said yard is not more than six feet wide.

(4)

Fences, walls and hedges subject to district regulations.

Irrigation water pumps, wells, water meters, electrical meters and similar aboveground telephone and cable utility company equipment typically found on single-family residential lots.

Landscaping.

Water lift station.

Underground utilities, including stormwater pipes and culverts.

Utility poles and transmission lines.

Private off-street parking areas in other than residential zoning districts that are located no more than 200 feet from the northerly right-of-way line.

§ 320-504 Heritage District Overlay.

Applicability of regulations.

(1)

These regulations shall apply to the Heritage District Overlay ("overlay") area.

(2)

These regulations shall be administered by the Borough, with consultation of the Heritage District Committee.

(3)

(a)

(b)

Should the boundaries of the overlay be revised as a result of legislative or administrative actions or judicial decision, the underlying zoning requirements shall continue to be applicable.

[1]

Editor's Note: Said map is included as an attachment to this chapter.

(4)

Covenants and easements. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions.

(1)

To promote the retention of historic resources through preservation of local heritage by recognition and protection of resources.

(2)

To establish a clear process through which proposed changes affecting resources are reviewed by the Heritage District Committee and the Borough, overall.

(3)

To mitigate the negative effects of proposed changes affecting historic resources.

(4)

To encourage the continued use of historic resources and facilitate their appropriate reuse and/or adaptive reuse.

(5)

To discourage the demolition of historic resources and established heritage.

(6)

To implement the following sections of the Pennsylvania Municipalities Planning Code (MPC):

(a)

Section 603(b)(5)[2] which states that zoning ordinances may permit, prohibit, regulate, restrict and determine protection and preservation of natural and historic resources;

[2]

Editor's Note: See 53 P.S. § 10603(b)(5).

(b)

Section 603(g)(2)[3] which states that "zoning ordinances shall provide for protection of natural and historic features and resources";

[3]

Editor's Note: See 53 P.S. § 10603(g)(2).

(c)

[4]

Editor's Note: See 53 P.S. § 10604(1).

(d)

Section 605(2)(vi)[5] whereby uses and structures at or near places having unique historical, architectural or patriotic interest or value may be regulated.

[5]

Editor's Note: See 53 P.S. § 10605(2)(vi).

General provisions.

(1)

Identification. The Inventory of Heritage Resources, as amended from time to time, shall be available on file at the Borough Municipal Building.

(2)

Criteria for determination. A building, structure, object, site, or district is depicted as a heritage resource due to the fact that it:

(a)

Is associated with events that have made a significant contribution to the broad patterns of our local, state, or national history; or

(b)

Is associated with the lives of people, local, state, or national, who were significant in our past; or

(c)

(d)

Has yielded or may be likely to yield, information important in history or prehistory (archaeology).

(e)

Classifications.

[1]

Buildings, objects, sites, or districts that are:

[a]

Listed on or have received a determination of eligibility (DOE) to be listed on the National Register of Historic Places; or

[b]

Resources within a district that contribute to a National-Register-listed or eligible district.

[2]

Buildings, objects, sites, or districts that are resources that are deemed by the Borough to substantially meet one or more of the heritage criteria at the local level.

Application procedures/review.

(1)

Application procedures. When the Zoning Officer receives a complete application, that application shall be forwarded to the Heritage District Committee.

(2)

Criteria for review shall be in accordance with information to the extent which it fulfills requirements outlined on the West Middletown Borough Overlay application form.

Review procedure.

Approval of the land development plan by the Borough Council;

(b)

Issuance of any necessary zoning approvals; and

(c)

The recording of the approved subdivision or land development plan for the parcel where the demolition, removal or relocation is proposed.

(5)