Jackson Township City Zoning Code

ARTICLE III

Zone Regulations

§ 133-7 Zones and boundaries.

Establishment of zones. The Township of Jackson is divided into zones enumerated below and shown on the map entitled "Zoning Map of Jackson Township," which is part of this chapter:[1]

	AP	Agricultural Protection
	RC	Rural Conservation
	R-1	Low-Density Residential
	R-2	Medium-Density Residential
	R-3	High-Density Residential
	V	Village
	C	Commercial
	I	Industrial
	FW	Floodway Overlay
	FF	Flood Fringe Overlay
	FA	General Floodplain Area Overlay
	UM	Underground Mining Overlay
	AIR-1	Airport Safety - 1
	AIR-2	Airport Safety - 2
	AIR-3	Airport Safety - 3

[1]

Editor's Note: The Zoning Map is on file in the Township offices.

Boundaries of zones. Where uncertainty exists concerning the boundaries of the zones as shown on the Zoning Map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following municipal limits shall be construed as following municipal limits.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as following utility lines or rights-of-way shall be construed to be centered upon such lines or rights-of-way.

(6)

Boundaries indicated as approximately following the center lines of streams, rivers, or other bodies of water shall be construed to follow such center lines.

(7)

Boundaries indicated as parallel to, or extensions of, features indicated in Subsection B(1) through (5) shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

(8)

Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in circumstances not covered by Subsection B(1) through (7), the Zoning Hearing Board shall interpret the district boundaries.

Lots split by boundaries of zones. If a lot is split by a zoning boundary, the minimum lot area and lot width for the zone in which the principal building, structure, or use is to be located shall be applicable to the entire lot.

Federal- and state-owned property. Whenever federally or state-owned property is included in one or more zoning districts, it shall be subject to the provisions of this chapter only insofar as permitted by the Constitutions and laws of the United States of America and the Commonwealth of Pennsylvania.

§ 133-8 Use regulations.

Uses permitted. The uses permitted in the zones established by this chapter and the permitted extent of these uses are as shown in §§ 133-9 through 133-19. The uses shown as permitted in each zone are the only uses permitted in that zone. Unless otherwise noted, the use or dimensional standards are the requirements for each use. However,

(1)

Additional general provisions are set forth in Article IV.

(2)

Modifications to the use or dimensional requirements are set forth in Article IV.

(3)

Supplemental regulations for selected uses permitted by right are set forth in Article VII.

(4)

Standards for special exception uses are set forth in Article VI and § 133-54F.

All other uses. Any use not specifically allowed elsewhere in this chapter shall be allowed by special exception in the zone or zones where, and to the extent that, similar uses are permitted or allowed by special exception, provided that said use meets the requirements for a special exception and does not constitute a public or private nuisance.

Accessory uses and structures. Accessory uses and structures shall be permitted in conjunction with the principal uses permitted by this chapter and shall be further subject to the requirements for accessory uses and structures as set forth in Article IV.

Uses with nuisance effect. In no case is a use permitted that, by reason of noise, dust, odor, appearance, or other objectionable factor, creates a nuisance, hazard, or other substantial adverse effect upon the reasonable enjoyment of the surrounding property, unless otherwise allowed by law, as in the case of agricultural security areas.

Existing and proposed uses. Where a proposed use is to be located adjacent to or near an existing use, the existing use, as long as such existing use is determined to be legal, shall not be considered a nuisance.

§ 133-9 Agricultural Protection Zone (AP).

Purpose. The primary purpose of the Agricultural Protection Zone is to maintain and promote the rural character of the land within this zone. This zone is composed of those areas in the Township whose predominant land use is rural residential and agricultural. The regulations of this zone are designed to protect and stabilize the essential characteristics of these areas, to minimize conflicting land uses detrimental to agricultural enterprises and to limit development which requires highways and other public facilities in excess of those required by rural land uses.

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the AP Zone, subject to applicable regulations of Articles IV and VII of this chapter:

(1)

Single-family detached dwellings or group homes, subject to the following regulations:

(a)

There may be permitted on each parcel, defined by a deed or plat of record as it existed on February 5, 2008 (regardless of the number of individual "tracts" contained therein), the following number of dwellings or group homes, excluding the prime farmstead:

	Size of Parcel of Land (acres)	Number of Dwellings or Group Homes Permitted
	0 - 4.99	1
	5 - 14.99	2
	15 - 29.99	3
	30 - 44.99	4
	45 - 59.99	5
	60 - 74.99	6
	75 -- 124.99	7
	125 -- 174.99	8
	175 -- 224.99	9
	225 or more	1 additional for each 50 acres over 225 acres

(b)

Where two or more contiguous parcels that existed as of February 5, 2008, have been combined to form a single parcel contained in the same deed, this combination shall be considered to be a new parcel and shall be entitled to the total number of building rights allowable under the scale set forth above or the total number of building rights attributable to the two smaller parcels that were defined by a deed or plat of record as they existed on February 5, 2008, whichever number of dwelling rights is less.

(c)

New dwellings or group homes shall be located on lots on lands which cannot feasibly be farmed due to existing features of the site, such as rock outcroppings, swamps, the fact that the area is heavily wooded, or the fact that the slope of the area exceeds 15%, or due to the fact that the size or shape of the area suitable for farming is insufficient to permit efficient use of farm machinery. In all cases, however, such residential lots should be located on the least-agriculturally-productive land feasible to minimize interference with agricultural production as identified in the current applicable Jackson Township Comprehensive Plan.

(d)

A lot on which a new dwelling or group home is to be located shall not contain more than 1 1/2 acres (65,340 square feet) unless the physical characteristics of the land itself require a lot size in excess of 1 1/2 acres. In the event that additional land is required, the amount of land in excess of 1 1/2 acres shall be the minimum amount necessary to make the lot suitable for the location of the proposed dwelling or group home and any on-site sewage disposal and water supply systems serving that dwelling or group home. The Board of Supervisors shall determine the propriety of any such oversized lot, provided that the maximum lot size approved by the Board of Supervisors shall not exceed two acres in the case of a single-family detached dwelling or group home. The Board of Supervisors may approve lots larger than this size in cases of unsubdividable residual land with no dwelling rights, where unique circumstances exist, such as topography, location, roads, and the like, which otherwise cause the acreage to be unusable, and allow it to be included with the last subdivided lot of a subdivision. In all other cases, any application requesting a lot size in excess of this amount shall be submitted as a variance to the Jackson Township Zoning Hearing Board rather than to the Board of Supervisors. Furthermore, a decision adverse to an applicant by the Jackson Township Board of Supervisors with respect to lot size changes within the jurisdiction of the Board of Supervisors shall not extinguish the applicant's right to make an application to the Jackson Township Zoning Hearing Board for the same relief.

(e)

A property owner submitting a subdivision plan will be required to specify on his plan which lot or lots shall carry with them the right to erect or place any unused quota of dwellings or group homes his parcel may have.

(f)

All lots contained on one subdivision plan, including all new lots and the residual lot, shall carry with such lot a building right or dwelling right granted by § 133-9B. The residual lot shall contain a building envelope not to exceed two acres, in which shall be placed all residential construction and accessory buildings and structures.

(2)

Agriculture.

(3)

Animal hospital.

(4)

Communications antennas mounted on an existing public utility transmission tower, building or other structure, including existing communications towers and communications equipment buildings, provided that the proposed addition does not exceed the existing public utility transmission tower, building or other structure by more than 20 feet, or unless the additional height would create the need for lighting of the structure.

Farm buildings.

Farm produce stand.

Forestry.

No-impact home-based business.

(9)

Slaughtering, processing, rendering and packaging of food products.

(10)

Stable, riding academy.

(11)

Wildlife preserve.

Uses by special exception. The following uses shall be permitted as special exceptions, limited to one principal use per lot, when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles V and VI of this chapter.

(1)

Bed-and-breakfast inn.

(2)

Cemetery.

(3)

Club room, club grounds, meeting hall. (Any accessory outdoor trap, skeet, rifle, pistol or archery range must comply with the requirements of § 133-112 of this chapter.)

(4)

Domiciliary care home.

(5)

Farm implement sales and service.

(6)

Greenhouse, horticultural nursery.

Home occupation.

House of worship.

Kennel.

Medical clinic, research laboratory.

(11)

Nonconformity, expansion of.

(12)

Park or other recreation area of a nonprofit nature.

(13)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(14)

Public utility building or service structure.

(15)

Regulated shooting grounds.

(16)

Sawmill operation.

Lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:

(1)

Minimum lot area: one acre (43,560 square feet).

(2)

Minimum lot width: 200 feet.

Setbacks. Each lot shall provide front, side and rear setbacks not less than the following:

(1)

Front setback: 50 feet.

(2)

Each side setback: 25 feet.

(3)

Rear setback: 40 feet.

Building height. The building height limit shall be 35 feet, except in the case of farm buildings, in which case there shall be no height limitation, except as set forth in § 133-27 of this chapter.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 20% of the lot area.

Open area. Not less than 80% of the lot area shall be devoted to open area, as defined in this chapter.

Subdivision. When land is transferred from a first parcel to a second parcel, the second parcel after transfer will contain as many acres as were contained in the first parcel. Land transferred to a second parcel shall not subsequently be separated from the second parcel unless subdivision approval is procured from the Township. Land added on to another parcel for agricultural purposes does not need to carry a dwelling right, and such additional land does not serve to increase the road frontage or dwelling rights of the receiving property for any further subdivision.

A property owner submitting a subdivision plan shall be required to specify on the plan which lot or lots shall carry with them the right to erect or place any unused quota of dwelling units the parcel may have.

Subsequent owners of any parcel of land legally existing on February 5, 2008, shall be bound by the actions of the previous owners that the current owner may subdivide lots for purposes of additional single-family detached dwellings or group homes only by number of lots, if any, that remain from the original number permitted by § 133-9 of this chapter.

Prime farmstead regulations.

(1)

The prime farmstead shall be considered as an additional dwelling right.

(2)

In the event that the prime farmstead is not assigned to the residual parcel, the lot may exceed the maximum lot size as set out in § 133-9B(1)(c), but in no event shall it exceed five acres.

§ 133-10 Rural Conservation Zone (RC).

Purpose. The purpose of the Rural Conservation Zone is to allow undeveloped land to be used for very low-density residential, agricultural, recreational, and conservation purposes, to encourage the preservation of natural amenities, to protect watershed areas, and to otherwise create conditions conducive to carrying out the purposes of this chapter.

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the RC Zone, subject to applicable regulations of Articles IV and VII:

Agriculture.

Animal hospital.

Farm, farm buildings.

Farm produce stand.

Forestry.

Group home.

House of worship.

No-impact home-based business.

(10)

Single-family detached dwelling.

(11)

Wildlife preserves.

Uses by special exception. The following uses, limited to one principal use per lot, shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles V and VI of this chapter.

(1)

Bed-and-breakfast inn.

(2)

Campground.

(3)

Cemetery.

(4)

Club room, club grounds, meeting hall. (Any accessory outdoor trap, skeet, rifle, pistol, or archery range must comply with the requirements of § 133-112 of this chapter.)

(5)

Communications tower and communications equipment buildings.

(6)

Day-care home (family or group).

(7)

Domiciliary care home.

(8)

Farm implement sales and service.

(9)

Greenhouse, horticultural nursery.

(10)

Home occupation.

(11)

Kennel.

(12)

Nonconformity, expansion of.

(13)

Outdoor commercial recreation establishment.

(14)

Park or other recreation area of a nonprofit nature.

(15)

Personal care boarding home.

(16)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(17)

Public utility building or service structure.

(18)

Regulated shooting grounds.

(19)

Sawmill operation.

(20)

School.

(21)

Trap, skeet, rifle, pistol, or archery range (outdoor commercial).

Minimum lot area and width. Lot area and width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:*

(1)

Minimum lot area: three acres (130,680 square feet).

(2)

Minimum lot width: 200 feet.

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors evidence the need for a larger lot.

Setback. Each lot shall have front, side, and rear setbacks not less than the following:

(1)

Front setback: 50 feet.

(2)

Side setback: 25 feet.

(3)

Rear setback: 40 feet.

Building height. The height limit for a principal building or structure shall be three stories but in no case more than 35 feet. The height limit for an accessory building or structure shall be two stories but not over 25 feet. There shall be no height limitation for farm buildings or structures except as provided in § 133-27.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 25% of the lot area.

Open area. Not less than 75% of the lot area shall be devoted to open area, as defined in this chapter.

§ 133-11 Low-Density Residential Zone (R-1).

Purpose. The purpose of the Low-Density Residential Zone is to provide for the orderly expansion of residential development; to provide for the public health; and to prevent the overcrowding of land through the application of maximum housing densities; to provide standards that will not necessarily require the installation of public facilities and will encourage the preservation of open space; to provide for uses that support and do not adversely impact neighboring residences; to exclude any activities not compatible with residential development; to provide for the public convenience and avoid undue congestion on the roads; and to otherwise create conditions conducive to carrying out the purposes of this chapter.

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the R-1 Zone, subject to applicable regulations of Articles IV and VII:

Forestry.

Group home.

No-impact home-based business.

(5)

Single-family detached dwelling.

(1)

Bed-and-breakfast inn.

(2)

Day-care center (child or adult) or nursery school.

(3)

Day-care home (family or group).

(4)

Home occupation.

(5)

Nonconformity, expansion of.

(6)

Park or other recreation area of a nonprofit nature.

(7)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(8)

Public utility building or service structure.

(9)

School.

Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:*

	Public Water and/or Public Sewer		No Public Water and No Public Sewer
Use	Lot Area (square feet)	Lot Width (feet)	Lot Area (acres)	Lot Width (feet)
Single-family detached dwellings	30,000 per dwelling unit	125 per dwelling unit	1 (43,560 square feet) per dwelling unit	150 per dwelling unit
All other uses	30,000	125	1 (43,560 square feet)	150

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors require the need for a larger lot.

Setbacks. Each lot shall have front, side, and rear setbacks not less than the following:

(1)

Front setback: 35 feet.

(2)

Side setback: 15 feet.

(3)

Rear setback: 30 feet.

Building height. The height limit for a principal building or structure shall be three stories, but in no case more than 35 feet. The height limit for an accessory building or structure shall be one story, but not over 20 feet.

[Amended 9-6-2011 by Ord. No. 190-11]

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 35% of the lot area.

Open area. Not less than 65% of the lot area shall be devoted to open area, as defined in this chapter.

Cluster development. Within the R-1 Zone, clustering of dwelling units is permitted, provided that the following requirements are met:

(1)

The parcel shall have a minimum size of 10 acres.

(2)

The gross density requirements for uses within a cluster development shall be the same as for conventional development in the R-1 Zone; however, the following uses and corresponding lot widths and lot sizes shall be permitted for cluster development:

	Dwelling Type	Minimum Lot Width (feet)	Minimum Lot Area (square feet)
	Single-family detached dwellings	100 per dwelling unit	20,000 per dwelling unit

(3)

Whenever cluster development is proposed, a sketch plan of the development as it would appear if designed conventionally must be presented with the cluster development plan.

(4)

All cluster developments shall be served by public or community sewer and public water facilities.

(5)

All streets, driveways, and access drives serving cluster developments shall comply with the standards this chapter, Chapter 113, Subdivision and Land Development, and other applicable regulations.

(6)

Open space, individual lot coverage, and open area requirements.

(a)

A minimum of 30% of the parcel shall remain as common open space apart from the lots on which dwellings are to be located.

(b)

Open space shall, wherever possible, preserve steep slopes, wetlands, streams, woodlands and similar areas.

(c)

Unless prohibited by topography or physical attributes of the land, open space areas shall be laid out as large contiguous areas. If two or more open space areas are proposed, said areas shall be directly connected. All open space areas shall be accessible from a public street or public pedestrian walkway or sidewalk.

(d)

The developer must submit a signed, notarized statement concerning use and maintenance of the open space area(s) that shall include any and all covenants, restrictions, and agreements pertaining to such rights and responsibilities. Such covenants and/or agreements shall be perpetual and must be recorded with the approved plan.

(e)

No development shall occur within the required open space area. However, open space areas may include recreation equipment, gazebos, benches, paths, walkways, athletic fields, picnic shelters and similar structures and activities.

(f)

Required open space shall not include streets, parking areas, private yards, minimum required spacing between buildings, or required recreational areas, and similar areas typically used for other specific purposes.

(7)

Setback requirements. Minimum setback requirements for single-family detached dwellings shall be as follows:

(a)

Front setback: 20 feet.

(b)

Side setback: 10 feet.

(c)

Rear setback: 20 feet.

(8)

Other requirements. In all other respects, dwelling units, accessory structures, and all other improvements located in cluster developments shall comply with the provisions of this chapter and all other applicable regulations.

§ 133-12 Medium-Density Residential Zone (R-2).

Purpose. The purpose of the Medium-Density Residential Zone is to provide for the orderly expansion of residential development; to provide for the public health; and to prevent the overcrowding of land through the application of maximum housing densities; to provide standards that will encourage the installation of public facilities and the preservation of open space; to provide for uses that support and do not adversely impact neighboring residences; to exclude any activities not compatible with residential development; to provide for the public convenience and avoid undue congestion on the roads; and to otherwise create conditions conducive to carrying out the purposes of this chapter.

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the R-2 Zone, subject to applicable regulations of Articles IV and VII:

Forestry.

Group home.

House of worship.

No-impact home-based business.

(6)

Single-family detached dwelling.

(7)

Single-family semidetached dwelling.

(1)

Bed-and-breakfast inn.

(2)

Cemetery.

(3)

Day-care center (child or adult) or nursery school.

(4)

Day-care home (family or group).

(5)

Home occupation.

(6)

Nonconformity, expansion of.

(7)

Park or other recreation area of a nonprofit nature.

(8)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(9)

Public utility building or service structure.

(10)

School.

Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:*

	With Public Water and Public Sewer		With Either Public Water or Public Sewer		No Public Water and No Public Sewer
Use	Lot Area (square feet)	Lot Width (feet)	Lot Area (square feet)	Lot Width (feet)	Lot Area (acres)	Lot Width (feet)
Single-family detached dwellings; single-family semidetached dwellings	15,000 per dwelling unit	100 per dwelling unit	25,000 per dwelling unit	125 per dwelling unit	1 (43,560 square feet) per dwelling unit	150 per dwelling unit
All other uses	20,000	100	25,000	125	1 (43,560 square feet)	150

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors evidence the need for a larger lot.

Setbacks. Each lot shall have front, side, and rear setbacks not less than the following:

(1)

Front setback: 35 feet.

(2)

Side setback: 15 feet.

(3)

Rear setback: 30 feet.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 35% of the lot area.

Open area. Not less than 65% of the lot area shall be devoted to open area, as defined in this chapter.

Cluster development. Within the R-2 Zone, clustering of dwelling units is permitted, provided that the following requirements are met:

(1)

The parcel shall have a minimum size of 10 acres.

(2)

The gross density requirements for uses within a cluster development shall be the same as for conventional development in the R-2 Zone; however, the following uses and corresponding lot widths and lot sizes shall be permitted for cluster development.:

	Dwelling Type	Minimum Lot Width (feet)	Minimum Lot Area (square feet)
	Single-family detached dwellings; single-family semidetached dwellings	60 per dwelling unit	7,000 per dwelling unit

(3)

Whenever cluster development is proposed, a sketch plan of the development as it would appear if designed conventionally must be presented with the cluster development plan.

(4)

All cluster developments shall be served by public or community sewer and public water facilities.

(5)

(6)

Open space, individual lot coverage, and open area requirements.

(a)

When cluster development consists entirely of single-family semidetached dwellings and/or single-family detached dwellings, a minimum of 25% of the parcel shall remain as common open space apart from the lots on which dwellings are to be located. The maximum lot coverage on individual lots in instances where the aforementioned residential use mix is proposed shall be 65%. The minimum open area requirement for such lots shall be 35%.

(b)

Open space shall, wherever possible, preserve steep slopes, wetlands, streams, woodlands, and similar areas.

(c)

Wherever possible, open space areas shall be laid out as large contiguous areas. If two or more open space areas are proposed, said areas shall be directly connected. All open space areas shall be accessible from a public street or public pedestrian walkway or sidewalk.

(d)

The developer must submit a signed, notarized statement concerning use and maintenance of the open space area(s) that shall include any and all covenants, restrictions, and agreements pertaining to such rights and responsibilities. Such covenants or agreements shall be perpetual and must be recorded with the approved plan.

(e)

(f)

(7)

Setback requirements. Minimum setback requirements for single-family detached dwellings and single-family semidetached dwellings shall be as follows:

(a)

Front setback: 20 feet.

(b)

Side setback: 10 feet.

(c)

Rear setback: 20 feet.

(8)

§ 133-13 High-Density Residential Zone (R-3).

Purpose. The purpose of the High-Density Residential Zone is to provide for the orderly expansion of residential development, including all types of dwelling units; to provide for the public health; and to prevent the overcrowding of land through the application of maximum housing densities; to provide standards that will encourage the installation of public facilities and the preservation of open space; to provide for uses that support or do not adversely impact neighboring residences; to exclude any activities not compatible with residential development; to provide for the public convenience and avoid undue congestion on the roads; and to otherwise create conditions conducive to carrying out the purposes of this chapter.

Uses by right. The following uses, limited to one principal use per lot, except in the case of single-family attached dwellings and apartments, are permitted by right in the R-3 Zone, subject to applicable regulations of Articles IV and VII:

Forestry.

Group home.

Multifamily dwellings and apartments.

(5)

No-impact home-based business.

(6)

Single-family detached dwelling.

(7)

Single-family semidetached dwelling.

(8)

Single-family attached dwellings.

(9)

Two-family detached dwelling.

(1)

Bed-and-breakfast inn.

(2)

Club room, club grounds, meeting hall.

(3)

Convalescent home, hospital.

(4)

Day-care center (child or adult) or nursery school.

(5)

Day-care home (family or group).

(6)

Domiciliary care home.

(7)

Group quarters.

(8)

Home occupation.

(9)

Medical clinic, research laboratory.

(10)

Mobile home park.

(11)

Multifamily or two-family conversion.

(12)

Nonconformity, expansion of.

(13)

Park or other recreation area of a nonprofit nature.

(14)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(15)

Public utility building or service structure.

Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:

[Amended 6-7-2022 by Ord. No. 225-2022]

	Public Water and Public Sewer
Use	Lot Area (square feet)	Lot Width (feet)
Single-family detached dwellings; single-family semidetached dwellings; two-family dwellings	8,000 per dwelling unit	70 per dwelling unit
Single-family attached dwellings	6,000 per dwelling unit	30 per dwelling unit
Multifamily dwellings and apartments	6,000 per dwelling unit	30 per dwelling unit
All other uses	10,000	100

Setbacks. Each lot shall have front, side, and rear setbacks not less than the following:

(1)

Front setback: 30 feet.

(2)

Side setback: 10 feet for all dwelling units except single-family attached and multifamily dwelling units. Single-family attached dwelling units shall be 15 feet and multifamily dwelling units shall be 30 feet.

[Amended 6-7-2022 by Ord. No. 225-2022]

(3)

Rear setback: 30 feet.

Building height. The height limit for a principal building or structure shall be three stories but in no case more than 35 feet; however, the maximum height limit may be increased to four stories or 45 feet, provided that each minimum building setback is increased in size one foot for each additional one foot of building height over 35 feet. The height limit for an accessory building or structure shall be one story but not over 20 feet.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 35% of the lot area.

Open area. Not less than 65% of the lot area shall be devoted to open area, as defined in this chapter.

Access to developments with single-family attached dwellings, multifamily dwellings and apartments. Where developments include single-family attached dwellings, multifamily dwellings or apartments, such cluster developments shall have access to and from the development by means of an arterial or collector street as designated by the Comprehensive Plan.

[Added 6-7-2022 by Ord. No. 225-2022[1]]

[1]

Editor's Note: This ordinance also renumbered former Subsection I, Cluster development, as Subsection J.

Cluster development. Within the R-3 Zone, clustering of dwelling units is permitted, provided that the following requirements are met:

(1)

The parcel shall have a minimum size of 10 acres.

(2)

The gross density requirements of uses within a cluster development shall be the same as for conventional development in the R- 3 Zone; however, the following uses and corresponding lots widths and lot sizes shall be permitted for cluster development:

[Amended 6-7-2022 by Ord. No. 225-2022]

Dwelling Type	Minimum Lot Width (feet)	Minimum Lot Area (square feet)
Single-family detached dwellings, single-family semidetached dwellings and two-family dwellings	60 per dwelling unit	6,000 per dwelling unit
Single-family attached dwellings	30 per dwelling unit	3,000 per dwelling unit
Multifamily dwellings and apartments	100 per building containing dwelling units	20,000 per building containing dwelling units

(3)

Whenever cluster development is proposed, a sketch plan of the development as it would appear if designed conventionally must be presented with the cluster development plan.

(4)

All cluster developments shall be served by public sewer and public water facilities.

[Amended 6-7-2022 by Ord. No. 225-2022]

(5)

All streets, driveways, and access drives serving cluster developments shall comply with the standards of this chapter, Chapter 113, Subdivision and Land Development, and other applicable regulations. Further, where cluster developments include single-family attached dwellings, multifamily dwellings or apartments, such cluster developments shall have access to and from the development by means of an arterial or collector street as designated by the Comprehensive Plan.

[Amended 6-7-2022 by Ord. No. 225-2022]

(6)

Cluster developments shall be permitted to develop a maximum of 50% of the total dwelling units as multifamily dwellings, single-family attached dwellings, or a combination of the two.

(7)

Open space, individual lot coverage, and open area requirements.

(a)

When cluster development consists entirely of single-family semidetached dwellings and/or two-family dwellings and/or single-family detached dwellings, a minimum of 25% of the parcel shall remain as common open space apart from the lots on which dwellings are to be located. The maximum lot coverage on individual lots in instances where the aforementioned residential use mix is proposed shall be 65%. The minimum open area requirement for such lots shall be 35%.

(b)

When cluster development consists of a mixture of any of the dwelling types noted in Subsection I(7)(a) above with multifamily dwellings and/or single-family attached dwellings, a minimum of 40% of the parcel shall remain as common open space apart from the lots on which dwellings are to be located. The maximum lot coverage on individual lots in instances where the aforementioned residential use mix is proposed shall be 75%. The minimum open area requirement for such lots shall be 25%.

(c)

Open space shall, wherever possible, preserve steep slopes, wetlands, streams, woodlands, and similar areas.

(d)

Whenever possible, open space areas shall be laid out as large contiguous areas. If two or more open space areas are proposed, said areas shall be directly connected. All open space areas shall be accessible from a public street or public pedestrian walkway or sidewalk.

(e)

The developer must submit a signed, notarized statement concerning use and maintenance of the open space area(s) that shall include any and all covenants, restrictions, and agreements pertaining to such rights and responsibilities. Such covenants or agreements shall be perpetual and must be recorded with the approved plan.

(f)

(g)

(8)

Setback requirements.

[Amended 6-7-2022 by Ord. No. 225-2022]

(a)

Minimum setback requirements for single-family detached dwellings, single-family semidetached dwellings, and two-family dwellings shall be as follows:

[1]

Front setback: 20 feet.

[2]

Side setback: 10 feet.

[3]

Rear setback: 20 feet.

(b)

Minimum setback requirements for single-family attached dwellings shall be as follows:

[1]

Front setback: 20 feet.

[2]

Side setback: 15 feet.

[3]

Rear setback: 20 feet.

(c)

Minimum setback requirements for multifamily dwellings and apartments shall be as follows:

[1]

Front setback: 30 feet.

[2]

Side setback: 30 feet.

[3]

Rear setback: 30 feet.

(9)

§ 133-14 Village Zone (V).

Purpose. The Village Zone (V) is for medium- to high-density development that includes a diverse mixture of dwelling types with associated neighborhood-scale commercial uses and service businesses. New uses should be consistent in style and build upon the character of the existing development. Most of this zone is, or can reasonably be, served by both public water and public sewer. It is generally along or near major thoroughfares and employment/service areas to maximize accessibility and convenience. Clustering provisions allow for higher densities if certain criteria are met. Traditional neighborhood development (TND) should be encouraged.

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the V zone, subject to applicable regulations of Articles IV and VII:

(1)

Cluster development. (See Subsection I below.)

(2)

Forestry.

(3)

Group home.

(4)

No-impact home-based business.

(5)

Personal service business.

(6)

[1]Single-family detached dwelling.

[1]

Editor’s Note: Former Subsection B(6), Public buildings and facilities, was repealed 6-7-2016 by Ord. No. 210-16. This ordinance also provided for the renumbering of former Subsection B(7) through (10) as Subsection B(6) through (9), respectively.

(7)

Single-family semidetached dwelling.

(8)

Two-family detached dwelling.

(9)

Traditional neighborhood development. (See Subsection J below.)

Uses by special exception. The following uses, limited to one principal use per lot, except for multifamily or single-family attached dwellings, shall be permitted as special exceptions in the V Zone when authorized by the Zoning Hearing Board (see Articles V and VI):

(1)

Apartment in conjunction with a commercial establishment.

(2)

Bed-and-breakfast inn.

(3)

Club room, club grounds, meeting hall.

(4)

Convalescent home, hospital.

(5)

Day-care center (child or adult) or nursery school.

(6)

Day-care home (family or group).

(7)

Domiciliary care home.

Group quarters.

Home occupation.

House of worship.

Medical clinic, research laboratory.

(12)

Multifamily or two-family conversion.

(13)

Multifamily or single-family attached dwellings.

(14)

Nonconformity, expansion of.

(15)

Park or other recreation area of a nonprofit nature.

(16)

Personal care boarding home.

(17)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(18)

Public utility building or service structure.

(19)

Restaurant, drive-through or fast-food.

(20)

Restaurant, sit-down.

(21)

Retail or convenience store.

(22)

Rooming house.

(23)

Tavern (not including drive-through).

Minimum lot area and lot width.

(1)

Lot area and lot width (street frontage) not less than the following dimensions shall be provided for each principal use hereafter established in the V Zone:*

	With Public Water and Public Sewer		With Either Public Water or Public Sewer		No Public Water and No Public Sewer
Use	Lot Area (square feet)	Lot Width (feet)	Lot Area (square feet)	Lot Width (feet)	Lot Area (acres)	Lot Width (feet)
Single-family and two-family dwellings	6,000 per dwelling unit	60 per dwelling unit	25,000 per dwelling unit	125 per dwelling unit	1 (43,560 square feet) per dwelling unit	150 per dwelling unit
All other uses	10,000	100	25,000	125	1 (43,560 square feet)	150

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors indicate the need for a larger lot.

Setbacks. Each lot shall have front, side and rear setbacks not less than the following:

(1)

Front setback: 25 feet.

(2)

Side setback: 10 feet.

(3)

Rear setback: 25 feet.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 50% of the lot area.

Open area. Not less than 50% of the lot area shall be devoted to open area, as defined in this chapter.

Cluster development. Within the V Zone, clustering of dwelling units is permitted, provided that the following requirements are met:

(1)

The parcel shall have a minimum size of 10 acres.

(2)

The gross density requirements for uses within a cluster development shall be the same as for conventional development in the V Zone; however, the following uses and corresponding lot width and lot sizes shall be permitted for cluster development:

Dwelling Type	Minimum Lot Width (feet)	Minimum Lot Area (square feet)
Single-family detached dwellings, single-family semidetached dwellings and two-family dwellings	40 per dwelling unit	4,500 per dwelling unit
Single-family attached dwellings	20 per dwelling unit	2,000 per dwelling unit
Multifamily dwellings	100	20,000

(3)

Whenever cluster development is proposed, a sketch plan of the development as it would appear if designed conventionally must be presented with the cluster development plan.

(4)

All cluster developments shall be served by public or community sewer and public water facilities.

(5)

(6)

Cluster developments shall be permitted to develop a maximum of 25% of the total dwelling units as multifamily dwellings, single-family attached dwellings, single-family semidetached, or a combination of the three.

(7)

Open space, individual lot coverage and open area requirements.

(a)

(b)

(c)

Open space shall, wherever possible, preserve steep slopes, wetlands, streams, woodlands and similar areas.

(d)

(e)

The developer must submit a signed, notarized statement concerning use and maintenance of the open space area(s) which shall include any and all covenants, restrictions, and agreements pertaining to such rights and responsibilities. Such covenants and/or agreements shall be perpetual and must be recorded with the approved plan.

(f)

(g)

(8)

Setback requirements. The minimum setback requirement for single-family detached dwellings, single-family semidetached dwellings, and two-family dwellings shall be as follows:

(a)

Front setback: 20 feet.

(b)

Side setback: eight feet.

(c)

Rear setback: 20 feet.

(9)

Other requirements. In all other respects, dwelling units, accessory structures and all other improvements located in cluster developments shall comply with the provisions of this chapter and all other applicable regulations.

Traditional neighborhood development.

(1)

Purpose and intent. The purpose of this section is to allow the optional development and redevelopment of land consistent with the design principles of traditional neighborhoods. A traditional neighborhood development (TND):

(a)

Is compact;

(b)

Is designed for the human scale;

(c)

Provides a mix of uses, including complementary residential, commercial, civic, and open space uses, in close proximity to one another within the neighborhood in order to facilitate human interactions and opportunities to meet daily retail, office, and service needs within walking distance of residences;

(d)

Provides a mix of housing styles, types, and sizes to accommodate households of all ages, sizes, and incomes;

(e)

Incorporates a system of interconnected streets with sidewalks, bikeways, and/or transit that offer multiple routes for motorists, pedestrians, and bicyclists and provides for the connections of those streets to existing and future developments;

(f)

Retains existing buildings with historical features or architectural features that enhance the visual character of the community;

(g)

Incorporates significant environmental features into the design and provides green space and recreational opportunities;

(h)

Contains buildings which are oriented toward and define the streetscape; and

(i)

Is consistent with the Jackson/Paradise Joint Comprehensive Plan.

(2)

Applicability.

(a)

Traditional neighborhood development may be developed on 10 acres or more of contiguous land under single ownership at any location within the Village District.

(b)

A TND shall contain a minimum of 30 acres in order to contain listed commercial uses. The Board of Supervisors may allow commercial uses within smaller TNDs via the land development plan approval process if the site of the TND is considered appropriate for commercial development by location, access, and market analysis. The Supervisors may also deny commercial uses in a TND 30 acres or larger via the land development plan review if the commercial uses proposed would have a detrimental effect on the TND, surrounding neighborhoods or properties, or streets abutting the TND and/or such commercial development is not supported by market analysis.

(c)

Whenever TND is proposed, a sketch plan of the development as it would appear if designed conventionally must be presented with the TND development plan.

(3)

Design standards.

(a)

Mix of uses. In order to achieve the proximity necessary to make neighborhoods walkable, it is important to mix land uses. A traditional neighborhood development shall consist of a mix of residential uses, a community center, and open space as listed below:

[1]

Residential uses. A mix of residential dwelling types shall be provided.

[a]

The following types can occur anywhere within the traditional neighborhood development:

[i]

Single-family detached dwellings.

[ii]

Single-family semidetached dwellings.

[iii]

Multifamily dwellings.

[iv]

Townhouses.

[v]

Residential accessory uses.

[b]

The minimum and maximum percentage of dwelling unit types in the TND is as follows, according to the size of the TND:

	TND Greater than 30 Acres (percentage of total dwelling units in TND)		TND 30 Acres or Less (percentage of total dwelling units in TND)
Use	Minimum	Maximum	Minimum	Maximum
Single-family detached	50%	70%	50%	70%
Single-family semidetached	10%	30%	10%	30%
Townhouse	10%	30%	10%	20%
Multifamily	10%	20%	5%	10%
Live/work	—	10%	—	10%
Mixed-use	5%	10%	—	10%

[2]

A community center, composed of a mix of commercial, residential, civic or institutional, and open space uses as identified below, must be provided in a traditional neighborhood development of 50 acres or more in size.

[a]

The development shall be planned so that dwelling units are within 1/2 mile of the community center. The community center is intended as a mixed-use area to provide uses which meet the retail and service needs of residents within the TND and surrounding residential development and provide compatible public and institutional uses of community-wide importance. Drive-through facilities and drive-in service are not permitted. Mixed-use buildings and live/work buildings are permitted.

[b]

The location of commercial uses is subject to land development plan approval by the Board of Supervisors and may be allowed on the periphery of the TND site if designed to serve other residential developments in addition to the TND. Such periphery commercial uses shall be buffered from surrounding residential areas in a manner subject to approval by the Board of Supervisors. Nonresidential uses intended to serve an area beyond the TND itself shall be located to permit vehicular access from outside the TND to minimize traffic passing through neighborhood residential areas.

[i]

Commercial uses in the community center. Individual businesses shall not exceed 2,500 square feet in size. The following pedestrian-oriented uses are permitted:

[A]

Food services (neighborhood grocery stores, butcher shops, bakeries, restaurants, delicatessens, cafes, confectionery, coffee shops, and neighborhood bars or pubs).

[B]

Retail uses (florists, hardware stores, news and stationery stores, bookstores, studios and shops of artists and artisans, pharmacies, music or video stores, and neighborhood retail store without gasoline service).

[C]

Services (day-care centers; music, dance or exercise studios; health salons; professional and medical offices; barber; hair salon; dry-cleaning shop; self-service laundry; and bank or other financial institution).

[D]

Accommodations (bed-and-breakfast establishments, small hotels or inns).

[ii]

Residential uses in the community center:

[A]

Single-family semidetached dwellings.

[B]

Multifamily dwellings.

[C]

Townhouses.

[D]

Residential units located on upper floors above commercial uses or to the rear of storefronts.

[E]

Live/work units that combine a residence and the resident's workplace.

[iii]

Civic or institutional uses in the community center. Civic or institutional uses shall abut or be visible from a common open space area or park.

[A]

Municipal offices, fire stations, libraries, museums, community meeting facilities, and post offices.

[B]

Transit shelters.

[C]

Places of worship.

[D]

Educational facilities.

[iv]

Open space uses in the community center:

[A]

Central common open space area.

[B]

Neighborhood parks and common open space areas.

[C]

Playground.

[c]

In addition to the open spaces within the community center, open spaces shall be incorporated elsewhere in the traditional neighborhood development. The TND shall contain a central common open space area of a minimum of 20,000 square feet in size and smaller common open space areas of a minimum of 5,000 square feet in size. In no case shall the central common open space area be less than 1.5% of the gross acreage of the TND, provided that in the case of a TND substantially larger than the minimum required size, the Board of Supervisors may allow a lesser percentage. Each neighborhood shall contain as its central focus at least one common open space area or park. The size, distribution, and number of greens are subject to approval by the Board of Supervisors.

[3]

Open space uses identified below shall be incorporated in the traditional neighborhood development as appropriate. Large outdoor recreation areas should be located at the periphery of neighborhoods rather than central locations. The design of the TND shall maximize the visibility of open spaces as vistas and perimeter greenbelts.

[a]

Environmental corridors.

[b]

Protected natural areas.

[c]

Community parks.

[d]

Streams, ponds, lakes, and other water bodies.

[e]

Significant tree stands and trees of high quality.

(b)

TND standards.

[1]

Common open space. At least 30% of the gross acreage of the traditional neighborhood development must be common open space. At least 25% of the common open space must be common open space devoted to usable parks, greens, playgrounds, and tot lots. Ninety percent of the lots within the areas devoted to residential uses shall be within 1/4 mile from common open space. Large outdoor recreation areas should be located at the periphery of neighborhoods rather than central locations.

[2]

Density. The overall density of the development shall not exceed 5.5 dwelling units per acre. For each affordable housing unit as defined herein, one additional dwelling unit shall be permitted up to a maximum density of 6.5 dwelling units per acre. The applicant shall demonstrate that the affordable housing units will be sold or rented at a market rate for the target population and shall provide acceptable arrangements for retaining those units for the target population at the time of resale or rerenting. Affordable housing units shall blend into the neighborhood in design and appearance and be interspersed throughout the neighborhood rather than concentrated in a particular section.

[3]

Commercial space. Where commercial uses are permitted by the Township Supervisors, the minimum and maximum total ground floor areas of commercial uses, as a percentage of the traditional neighborhood development, are as follows:

	Ground Floor Area of Commercial Uses
Size of TND	Minimum	Maximum
10 to 30 acres	1%	3%
Greater than 30 acres	0.6%	5%*

*NOTE: Provided that the maximum ground floor area shall be 85,000 square feet.

[4]

Lot and block standards.

[a]

Block and lot size diversity. A variety of lot sizes should be provided that allows diverse housing choices.

[b]

Lot dimensions, setbacks, and coverages shall be as follows, except as otherwise noted in the subsection regarding the community center area or below:

	Minimum Lot Size (square feet)	Minimum Lot Width (feet)	Minimum Front Yard (feet)	Minimum Side Yard (feet)	Minimum Rear Yard (feet)	Maximum Impervious Lot Coverage
Single-family detached dwelling	4,400	40	10	5 on one side; 15 total	5	65%
Single-family semidetached dwelling (per unit)	3,500	35	10	5 on one side; 15 total	5	70%
Townhouse outside community center	2,400	24	10	10 at end of row	5	70%
Townhouse within community center	1,200	24	0	0	0	100%
Multifamily building	4,000	40	10	10	5	65%
Mixed-use building	1,200	24	10	10	5	70%
Commercial building	2,000	20	10	5 when not attached	10	75%
Commercial building abutting residential properties outside the TND, if permitted by the Board of Supervisors	10,000	60	25	20	25	70%

[5]

Building setbacks in community center area.

[a]

Structures in the community center area have no minimum setback. Commercial and civic or institutional buildings should abut the sidewalks in the community center area.

[6]

Setbacks from tract boundaries. All buildings shall be set back a minimum of 50 feet from tract boundaries. Where a road forms a tract boundary, the 50 feet shall be measured from the street right-of-way line. All common parking areas shall be set back a minimum of 20 feet from tract boundaries and screened from view of surrounding properties. When townhouses and apartments are located within 100 feet of a tract boundary and the abutting land is used for single-family detached dwellings, a planting screen shall be placed along the tract boundary between the townhouses and apartments and the single-family detached dwellings.

[7]

Public sanitary sewer and public water service are required.

[8]

A green space of at least 25 feet in width shall be maintained along any tract boundary which abuts lots with existing single-family detached dwellings. Such green space shall be landscaped in accordance with a landscape plan approved by the Board of Supervisors.

[9]

The total impervious coverage within the TND shall not exceed 45% of the gross tract area.

(c)

Architectural standards.

[1]

Guidelines for existing structures. If existing structures have been determined to be historic or architecturally significant, they shall be protected from demolition or encroachment by incompatible structures or landscape development. The United States Secretary of the Interior's Standards for Rehabilitation of Historic Properties shall be used as the criteria for renovating historic or architecturally significant structures.

[2]

Guidelines for new structures.

[a]

Height. New structures within a traditional neighborhood development shall be no more than three stories and 35 feet for single-family detached dwellings, single-family semidetached dwellings, and townhouses, or three stories and 45 feet for commercial, apartment, mixed-use buildings, and live/work buildings.

[b]

Entries and facades.

[i]

The architectural features, materials, and the articulation of a façade of a building shall be continued on all sides visible from a public street, courtyard, common open space area, or park.

[ii]

The front façade of the principal building on any lot in a traditional neighborhood development shall face onto a street, or a common open space area, courtyard, or park, or other common area if rear access is provided.

[iii]

The front façade shall not be oriented to face directly toward a parking lot, except when commercial uses are permitted to do so by the Board of Supervisors.

[iv]

Architectural elements shall define the front entrance to all residences.

[v]

New structures on the same street shall have compatible architecture.

[vi]

All residential, commercial, live/work and mixed-use buildings in a neighborhood shall be compatible and form an integrated streetscape.

[vii]

Garages shall be placed along alleys, unless an alternative is approved by the Board of Supervisors such as: garages not served by an alley shall have an architectural treatment or placement, such as being set back from the front of the house or rotated so that the garage doors do not face any adjacent streets, to minimize the visual impact of the garage.

[viii]

The façade of any building or row of buildings facing a street shall incorporate windows and contain surface treatments to create visual interest and break up visual massing of building facades.

[3]

Preparation and approval of architectural standards. Prior to final approval of the subdivision plan for a TND by the Township, the applicant shall prepare architectural standards which will apply within the TND. These standards are subject to approval by the Board of Supervisors. The applicant shall also create and permanently maintain a town architect's office (TAO). The TAO shall approve all building design pursuant to the approved architectural standards prior to the issuance of a building permit by the Township. Architectural elevation drawings of all typical residential and nonresidential dwellings and buildings shall be provided to the Township as part of the development application. The style of architectural details, such as but not limited to window fenestration, roof pitch, door style, porch design, and façade materials and colors, shall be subject to Township approval.

[4]

Exterior signage. A comprehensive sign program subject to the approval of the Board of Supervisors is required for the entire TND in order to establish a uniform theme. Signs shall share a common style (such as shape or material). In the community center area, signs shall be wall signs, projecting signs, or awning signs. Projecting signs shall be mounted perpendicular to the building face and shall not exceed eight square feet. Wall signs shall be sized and placed to fit within the architectural elements but shall not exceed 16 square feet. Awning signs shall maintain a clear height of at least 10 feet and a maximum of six feet in depth out in front of the building. Material shall be canvas cloth or an equivalent material, but in no case shall shiny or reflective material as well as metal, plastic, or glass be permitted. Lettering shall be limited to 12 inches vertically. Illumination of any sign shall be from a concealed indirect source only.

(d)

Circulation standards. The circulation system shall provide for different modes of transportation. The circulation system shall provide functional links within the residential neighborhoods, community center area, and open space and shall be connected to existing and proposed external development when required by the Township. The circulation system shall provide adequate traffic capacity, provide connected pedestrian and bicycle routes (especially off-street bicycle or multi-use paths or bicycle lanes on the streets), and promote safe and efficient mobility through the traditional neighborhood development.

[1]

Pedestrian circulation. Convenient pedestrian circulation systems that minimize pedestrian -- motor vehicle conflicts shall be provided continuously throughout the traditional neighborhood development. Where feasible and appropriate, any existing pedestrian routes through the site shall be preserved and enhanced. All streets, except for alleys, shall be bordered by sidewalks on both sides unless otherwise permitted by the Board of Supervisors. The following provisions also apply:

[a]

Residential sidewalks. Clear and well-lighted sidewalks, three to five feet in width, depending on projected pedestrian traffic, shall connect all dwelling entrances to the adjacent public sidewalk.

[b]

Community center sidewalks. Clear and well-lit walkways shall connect building entrances to the adjacent public sidewalk and to associated parking areas. Such walkways shall be a minimum of five feet in width.

[c]

Disabled accessibility. Sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act.

[d]

Crosswalks. Intersections of sidewalks with streets shall be designed with clearly defined edges. Crosswalks shall be well-lit and clearly marked with contrasting paving materials at the edges or with other method approved by the Board of Supervisors.

[2]

Bicycle circulation. Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible and appropriate, any existing bicycle routes through the site shall be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle paths (generally shared with pedestrians and other nonmotorized users) and separate, striped, four-foot bicycle lanes on streets. If a bicycle lane is combined with a lane for parking, the combined width shall be 12 feet.

[3]

Public transit access. Where public transit service is available or planned, convenient access to transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly visible locations that promote security through surveillance and shall be well-lighted.

[4]

Motor vehicle circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic-calming features may be used to encourage slow traffic speeds.

[5]

Street hierarchy. Each street within a traditional neighborhood development shall be classified according to the following (arterial streets should not bisect a traditional neighborhood development):

[a]

Collector. This street provides access to commercial or mixed-use buildings, but it is also part of the major street network. On-street parking, whether diagonal or parallel, helps to slow traffic. Additional parking is provided in lots to the side or rear of buildings.

[b]

Local street. This street provides primary access to individual residential properties. Traffic volumes are relatively low.

[c]

Alley. These streets provide secondary access to residential properties. Alleys may also provide delivery access or alternate parking access to commercial properties.

Table 1 Attributes of Streets in a Traditional Neighborhood Development¹
	Collector	Local Street	Alley
Auto travel lanes	2 or 3 12-foot lanes	2 10-foot lanes	2 8-foot lanes for 2-way traffic, or 1 12-foot lane for 1-way traffic
Bicycle lanes	2 4-foot lanes combined with parking lanes	None	None
Parking	None, 1, or both sides, 8 feet wide each side	None, 1, or both sides, 8 feet wide each side	None (access to individual drives and garages outside right-of-way)
Curb and gutter	Required	Required	Not required
Planting strips*	Minimum 5 feet	Minimum 5 feet	None
Sidewalks	Both sides, 5 feet minimum	Both sides, 3 to 5 feet	None

NOTES:
¹ The Board of Supervisors may allow variation or relief from these standards. The Board of Supervisors may also allow alternative roadway concepts, such as one-way streets and yield streets.
*Planting strips are not required in community center areas when permission is granted by the Board of Supervisors.

[6]

Street layout. The traditional neighborhood development should maintain the existing street grid, where present, and restore any disrupted street grid where feasible, and shall propose an interconnected street grid pattern. Culs-de-sac are prohibited, unless specific permission is granted by the Board of Supervisors.

[a]

Street orientation.

[i]

The orientation of streets should enhance the visual impact of common open spaces and prominent buildings. All streets shall terminate at other streets or at public lands, public streetscape features, specifically designed building façades, or gateways to public space, except local streets may terminate in stub streets when such streets act as connections to future phases of the development. Local streets may terminate other than at other streets or public lands when there is a connection to the pedestrian and bicycle path network at the terminus.

[ii]

Alleys shall not form the boundary of a park, common open space area, or greenbelt unless approved by the Board of Supervisors. If approved, the Supervisors may require that a wall or other screen a minimum of six feet in height be used for separation.

[iii]

Generally, there shall be a continuous network of alleys to the rear of lots within the TND, unless otherwise permitted by the Board of Supervisors.

[iv]

To prevent the buildup of vehicular speed, disperse traffic flow, and create a sense of visual enclosure, long, uninterrupted segments of straight streets shall be avoided. Streets shall be interrupted by intersections, a vista, or a notable street curve, or other traffic-calming means acceptable to the Board of Supervisors.

[7]

Parking requirements.

[a]

In the community center, any parking lot shall be located at the rear or side of a building. If located at the side, landscaping acceptable to the Board of Supervisors shall be provided along the perimeter of the parking lot.

[b]

A parking lot or garage may not be adjacent to or opposite a street intersection, be adjacent to greens or parks, or occupy lots which terminate at a vista.

[c]

Parking lots or garages must provide not less than one bicycle parking space for every 10 motor vehicle parking spaces.

[d]

Adjacent on-street parking to a lot or building may apply toward the minimum parking requirements.

[e]

Adjacent parking lots shall have vehicular connections.

[f]

Off-street parking may be located within 600 feet (measured along a publicly accessible route) from the lot containing the use to which the parking is accessory. The lot containing the parking shall be owned or leased by the owner of the principal use, or the lot containing the parking shall be dedicated to parking as long as the use to which it is accessory shall continue and it is owned by an entity capable of assuring its maintenance as accessory parking.

[8]

Service access. Access for service vehicles should provide a direct route to service and loading dock areas, while avoiding movement through parking areas. Loading areas shall not be visible from public streets. Trash disposal areas shall be located within buildings or an opaque screened area which hides the trash and is located to the side or rear of the building.

[9]

Outdoor lighting.

[a]

Streetlighting shall be provided along all streets in a manner acceptable to the Township Supervisors. Generally, more, smaller lights, as opposed to fewer, high-intensity lights, should be used, and streetlights shall be installed on both sides of the street at intervals of no greater than 75 feet, unless alternative schemes are approved by the Supervisors. The design of lighting shall be compatible with the architecture of the TND.

[b]

Exterior lighting shall not cast glare onto adjacent properties, and the design of such lighting is subject to the approval of the Board of Supervisors.

(e)

Landscaping and screening standards. The composition and location of landscaping shall complement the scale of the development and its surroundings. An overall landscaping scheme shall be prepared and is subject to approval by the Board of Supervisors. Earthen berms may be incorporated into the landscaping scheme. The following are minimum standards:

[1]

General screening. Where screening is required by this chapter, it shall be at least three feet in height, unless otherwise specified. Required screening shall be at least 50% opaque throughout the year. Required screening shall be satisfied by one or some combination of a decorative fence not less than 50% opaque behind a continuous landscaped area, a masonry wall, or a hedge.

[2]

Street trees. A minimum of one deciduous canopy tree per 40 feet of street frontage, or fraction thereof, shall be required. Spacing will be determined by the species type. Large maturing trees shall generally be planted along residential streets and along parks, greens, greenbelts, and civic structures. Small maturing trees shall generally be planted along nonresidential and mixed-use streets. Trees can be clustered and do not need to be evenly spaced. Trees should preferably be located between the sidewalk and the curb, within the landscaped area of a boulevard, or in tree wells installed in pavement or concrete. If placement of street trees within the right-of-way will interfere with utility lines, or if required by the Board of supervisors, trees may be planted within the front yard setback adjacent to the sidewalk.

[3]

Parking area landscaping and screening.

[a]

All parking and loading areas fronting public streets or sidewalks and all parking and loading areas abutting residential uses shall provide:

[i]

A landscaped area at least five feet wide along the public street or sidewalk.

[ii]

Screening at least three feet in height and not less than 50% opaque.

[iii]

One tree for each 25 linear feet of parking lot frontage.

[b]

Parking area interior landscaping. The corners of parking lots, islands, and all other areas not used for parking or vehicular circulation shall be landscaped. Vegetation can include turf grass, native grasses or other perennial flowering plants, vines, shrubs or trees. Such spaces may include architectural features such as benches, kiosks or bicycle parking.

[4]

Installation and maintenance of landscaping materials.

[a]

All landscape materials shall be installed to current industry standards.

[b]

Maintenance and replacement of landscape materials shall be the responsibility of the property owner, homeowners' association, or condominium association. Landscape maintenance should incorporate environmentally sound management practices, including the use of water- and energy-efficient irrigation systems such as drip irrigation, pruning primarily for plant health and public safety, and replacing dead materials annually.

[c]

Plantings in immediate proximity to buildings shall respect architectural design. Plantings toward the street shall not obscure important buildings and shall respect views to and from streets, porches, walks, and public open spaces.

(f)

Stormwater management. The design and development of the traditional neighborhood development should minimize off-site stormwater runoff, promote on-site filtration, and minimize the discharge of pollutants to ground- and surface water. Natural topography and existing land cover shall be maintained/protected to the maximum extent practicable and desirable.

§ 133-15 Commercial Zone (C).

Purpose. The purpose of the Commercial Zone is to provide reasonable standards for the development of commercial uses in areas where such uses already exist and where, due to the character of undeveloped land, the development of commercial uses is feasible. This district and its standards are designed to allow for a cluster of commercial uses while avoiding congestion and to provide buffer yards, screen plantings, and other such protection necessary to separate residential from commercial areas.

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the C Zone, subject to applicable regulations of Articles IV and VII:

(1)

Animal hospital.

(2)

Club room, club grounds, meeting hall (not including accessory outdoor trap, skeet, rifle, pistol, or archery range).

(3)

Commercial recreation establishment (e.g., theater, bowling alley, arcade).

(4)

Commercial school.

(5)

(6)

Contractors' office or shop.

(7)

Day-care center (child or adult) or nursery school.

(8)

Financial institution.

(9)

Forestry.

(10)

Funeral home.

(11)

Greenhouse, horticultural nursery.

(12)

Health fitness center or tanning salon.

(13)

Home occupation.

(14)

House of worship.

(15)

Laundry and dry-cleaning establishment.

(16)

No-impact home-based business.

(17)

Personal service business.

(18)

Professional or business office.

(19)

Retail or convenience store.

(20)

Wholesale establishment.

Uses by special exception. The following uses, limited to one principal use per lot, shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide the requests for such uses according to criteria established in Articles V and VI of this chapter.

(1)

Adult-oriented facility.

(2)

Apartment in conjunction with a commercial establishment.

(3)

Automobile and/or recreational vehicle and/or trailer sales, automobile body shop and/or automobile garage.

(4)

Automobile washing facility.

(5)

Bed-and-breakfast inn.

(6)

Building materials sales.

(7)

Commercial parking lot or building.

(8)

Communications towers and communications equipment buildings.

(9)

Convalescent home, hospital.

(10)

Farm implement sales and service.

(11)

Halfway house.

(12)

Medical clinic, research laboratory.

(13)

Mini-storage facility.

(14)

Mobile home sales lot.

(15)

Motel, hotel.

(16)

Nonconformity, expansion of.

(17)

Open-air retail.

(18)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(19)

Public or semipublic parking lot or garage.

(20)

Public utility building or service structure.

(21)

Restaurant (drive-through or fast-food).

(22)

Restaurant (sit-down).

(23)

Service station or convenience store dispensing fuel.

(24)

Shopping center, shopping mall, or shopping plaza.

(25)

Tavern.

(26)

Transportation (passenger) terminal (does not include public transit stops along public streets).

Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:*

	Public Water and Public Sewer		Public Water or Public Sewer		No Public Water and No Public Sewer
	Lot Area (square feet)	Lot Width (feet)	Lot Area (square feet)	Lot Width (feet)	Lot Area (acres)	Lot Width (feet)
	8,000	70	30,000	125	1 (43,560 square feet)	150

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors evidence the need for a larger lot.

Setbacks. Each lot shall have front, side, and rear setbacks not less than the following:

(1)

Front setback: 35 feet.

(2)

Side setback: 15 feet.

(3)

Rear setback: 35 feet.

Building height. The height limit for a principal building or structure shall be three stories but in no case more than 35 feet; however, the maximum height limit may be increased to five stories or 50 feet, provided that each minimum building setback is increased in size one foot for each additional one foot of building height over 35 feet. The height limit for an accessory building or structure shall be two stories but not over 25 feet.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 75% of the lot area.

Open area. Not less than 25% of the lot area shall be devoted to open area, as defined in this chapter.

Screens and buffers: see § 133-32.

§ 133-16 Industrial Zone (I).

Purpose. The Industrial Zone is established in order to permit and encourage industries that will be so located and designed as to constitute harmonious and appropriate development, contribute to the soundness of the economic base, and otherwise further the purposes of this chapter. In promoting these and the general purposes of this chapter, the specific intent of this section is:

(1)

To encourage the development of and continued use of land for industrial purposes.

(2)

To prohibit any use that would substantially interfere with the development, continuation, or expansion of industrial uses in the district.

(3)

To establish reasonable standards for buildings and other structures, the areas and dimensions of yards and other open spaces, and the provision of facilities to minimize air and water pollution, noise, glare, heat, vibration, and fire and safety hazards.

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the I Zone, subject to applicable regulations of Articles IV and VII:

(1)

Building material sales.

(2)

(3)

Contractor's office and/or shop.

(4)

Forestry.

(5)

Heavy storage sales and/or service (includes wholesale establishment).

(6)

Home occupation.

(7)

Industrial activities.

(8)

Multi- or single-tenant professional office building.

(9)

No-impact home-based business.

(10)

Offices associated with permitted uses not considered as a separate principal use.

(1)

Airport, airstrip.

(2)

Automobile washing facility.

(3)

Automobile wrecking, junkyard.

(4)

Communications towers and communications equipment buildings.

(5)

Greenhouse, horticultural nursery.

(6)

Heliport.

(7)

Industrial park.

(8)

Mini-storage facility.

(9)

Motel, hotel.

(10)

Natural extraction industry.

(11)

Nonconformity, expansion of.

(12)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(13)

Public or semipublic parking lot or garage.

(14)

Public utility building or service structure.

(15)

Medical Clinic, research laboratory.

[Amended 9-6-2011 by Ord. No. 190-11]

(16)

Sawmill operation.

(17)

Solid waste disposal and/or processing facility.

(18)

Truck or motor freight terminal.

Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:*

(1)

Minimum lot area: 43,560 square feet (one acre).

(2)

Minimum lot width: 150 feet.

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors require the need for a larger lot.

Setbacks. Each lot shall provide front, side, and rear setbacks not less than the following:

(1)

Front setback: 50 feet.

(2)

Side setback: 25 feet.

(3)

Rear setback: 35 feet.

Building height. The height limit for a principal building or structure shall be 50 feet. The height limit for an accessory building or structure shall be 25 feet.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 75% of the lot area.

Open area. Not less than 25% of the lot area shall be devoted to open area, as defined in this chapter.

Access. Adequate access to all industrial uses shall be provided. Traffic entrances and exits shall be at a sufficient distance or appropriately buffered from residential dwellings so that truck noise and vibration will be minimized.

Screens and buffers: see § 133-32.

Harmful or unpleasant effects. Satisfactory provisions shall be made to minimize harmful or unpleasant effects (noise, odors, fumes, glare, vibration, smoke, vapors or gases, electrical emissions, and industrial wastes) associated with industrial uses.

§ 133-17 Floodplain Overlay Zones: Floodway (FW), Flood Fringe (FF), and General Floodplain Area (FA).

Purpose. The purpose of these zones is to prevent the loss of property and life, creation of health and safety hazards, disruption of commerce and governmental services, extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

(1)

Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities, and frequencies.

(2)

Restricting or prohibiting certain uses, activities, and development from being located within areas subject to flooding.

(3)

Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.

(4)

Protecting individuals from buying lands and structures that are unsuited for intended purposes because of flood hazards.

Warning and disclaimer of liability. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain zones, or that land uses permitted within such zones, will be free from flooding or flood damages. This chapter shall not create liability on the part of Jackson Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

Establishment of floodplain zones.

(1)

Description of zones.

(a)

Basis of zones. The various floodplain zones shall include areas subject to inundation by waters of the one-hundred-year flood. The basis of a delineation of these zones shall be the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs), dated December 16, 2015, and issued by the Federal Emergency Management Agency (FEMA), or such FIS and FIRMs (including supplements and amendments) subsequently approved by Jackson Township.

[Amended 6-7-2016 by Ord. No. 210-16]

[1]

The Floodway Zone (FW) is delineated, for purposes of this chapter, using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this zone are specifically defined in Table 1 of the above-referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map.

[2]

The Flood Fringe Zone (FF) shall be that area of the one-hundred-year floodplain not included in the Floodway Zone. The basis for the outermost boundary of this zone shall be the one-hundred-year flood elevations contained in the flood profiles of the above-referenced Flood Insurance Study (FIS) and as shown on the Flood Boundary and Floodway Map.

[3]

The General Floodplain Zone (FA) shall be that floodplain area for which no detailed flood profiles or elevations have been provided. Such areas are shown on the Flood Boundary and Floodway Map accompanying the Flood Insurance Study prepared for the Flood Insurance Administration. Where the specific one-hundred-year flood elevation cannot be determined for this area using other sources of data such as the United States Army Corps of Engineers' Floodplain Information Reports, United States Geological Survey Flood-Prone Quadrangles, and the like, then the applicant for the proposed use, development, and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, and the like shall be submitted in sufficient detail to allow a thorough technical review by the Township.

(b)

Overlay concept

[1]

The aforementioned floodplain zones shall be overlays to the existing underlying zones as shown on the Official Zoning Map, and as such, the provisions for the floodplain zones shall serve as a supplement to the underlying zone provisions.

[2]

Where there exists any conflict between the provisions or requirements of any of the floodplain zones and those of any underlying zone, the more-restrictive provision of the two shall apply.

(2)

Inclusion of Zoning Map. The boundaries of the floodplain zones are established as shown on the FIS and FIRMs, dated December 16, 2015, and issued by FEMA, or such FIS and FIRMs (including supplements and amendments) subsequently approved by Jackson Township.

[Amended 6-7-2016 by Ord. No. 210-16]

(3)

Zone boundary changes. The delineation of any of the floodplain zones may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the United States Army Corps of Engineers or another qualified agency or individual documents the advisability for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA) or its successor agency.

(4)

Interpretation of zone boundaries. Initial interpretations of the boundaries of the floodplain zones shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the zones, the person questioning or contesting the location of the zone boundary shall be given a reasonable opportunity to present his or her case to the Township Zoning Hearing Board and to submit his own technical evidence if he so desires. Should the person choose to have the zone boundary changed to reflect more-accurate flooding data, he must follow the procedures to present his case to the Board of Supervisors for a zoning amendment.

Zone provisions. All uses, activities, land filling, and development occurring within a flood hazard area shall be undertaken only in strict compliance with the provisions of this chapter, Chapter 69, Floodplain Management, and with all other applicable codes and ordinances, such as Chapter 47, Article I, Building Permits, and Chapter 107, Stormwater Management, where applicable, and the Department of Environmental Protection.

§ 133-18 Underground Mining Overlay Zone (UM).

Purpose. The purpose of the Underground Mining Overlay District is to permit the continued underground mining of a unique mineral which will continue to contribute to the sound economic base of Jackson Township and the residents thereof without adversely impacting the continued use of surface as presently zoned.

Uses by right. The following uses are permitted by right in the UM Zone:

(1)

Underground mining.

(2)

Heavy storage (in the underground mine only).

(3)

Accessory uses customarily incidental to underground mining or heavy storage.

Permits and approvals. All uses, activities and mining occurring within the Underground Mining District shall be undertaken only in strict compliance with the provisions of the mining permit issued by the Pennsylvania Department of Environmental Protection. A copy of the permit shall be delivered to the Township prior to any mining occurring in the Underground Mining District.

Access. Adequate access to all underground mining uses shall be provided. The entrance and exit to an Underground Mining District shall only occur from the Industrial District. In addition, prior to mining, the applicant shall provide evidence of approval from the Pennsylvania Department of Transportation to tunnel under any state road necessary to obtain access to the subject area and to utilize such tunnels to access the underground mining.

Heavy storage. The heavy storage use in the Underground Mining Overlay District may only occur in the underground mine.

The Zoning Map of Jackson Township is hereby amended to designate the following York County tax assessment parcels subject to the Underground Mining Overlay District (UM):

	33000HF00130000000
	33000HF00150000000
	33000HF00160000000
	33000HF00170000000
	33000HF00770000000
	33000HF00940000000
	33000HF01140000000
	33000HF01180000000

All activities on the surface of the ground shall be conducted strictly in accordance with the restrictions of the underlying zoning district in which the land is located.

All provisions of this chapter unaffected by this article shall remain in full force and effect.

§ 133-19 Airport Safety Zones (AIR-1, AIR-2, AIR-3).

Purpose and intent.

(1)

State and federal laws require the limitation of building and structural height in airport hazard areas. State guidelines set forth recommendations for compatible land uses within airport hazard areas as well.

(2)

Properties within Jackson Township have been identified as being within the airport hazard area of the York Airport, as defined in the Pennsylvania Aviation Code, and require special height controls and are therefore also subject to Township land use regulations.

(3)

The height restrictions are aimed at preventing the erection of structures that would interfere with or obstruct normal aircraft approaches or airport operations. Such interference or obstruction would pose a threat to the health, safety, welfare, and convenience of the residents of the Township, as well as passengers aboard aircraft.

(4)

Airport safety zones within the hazard area are also used to impose reasonable regulations providing for compatible land uses in addition to needed height restrictions, thereby enhancing public safety.

Lands in airport safety zones defined.

(1)

The Township's airport hazard area includes areas within Jackson Township depicted on the Airport Hazard Area for York Airport Plan. These areas have been plotted on a Jackson Township Zoning Map, a copy of which may be viewed at the Township offices.

(2)

Three separate zones within the airport hazard area have been identified:

(a)

Airport Safety Zone 1 (AIR-1) includes areas at either end of the runway that are most seriously affected by the airport operations. Areas contained within Airport Safety Zone 1 are located in such close proximity to the airport that this chapter's normal permitted structural height of 35 feet could pose a safety hazard. Accordingly, height restrictions are very strict. In addition, approval of proposed development land uses is carefully controlled as well.

(b)

Airport Safety Zone 2 (AIR-2) includes areas also seriously affected by the airport operations. Areas contained within Airport Safety Zone 2 are located in such close proximity to the airport that this chapter's normal permitted structural height (35 feet) could pose a safety hazard. Accordingly, height restrictions are strict.

(c)

Airport Safety Zone 3 (AIR-3) includes areas just beyond Airport Safety Zone 2 and outlying areas that have particularly high elevations. These areas include those that cannot support structures that are higher than 35 feet up to the maximum permitted structural height of 50 feet in § 133-16. Within this zone, regulations permit the placement of thirty-five-foot-high structures but require special review for structures higher than 35 feet.

Relationship to other articles. The airport safety zones represent overlay zoning districts that are concerned with permitted heights and land uses. The underlying zoning district shall prescribe all other zoning-related standards and uses. In those instances where the airport safety zone prescribes a height and/or land use restriction different than that imposed by the underlying zoning district, the most-restrictive standard shall apply.

Height regulations within Airport Safety Zones 1, 2, and 3.

(1)

The property owner/applicant shall submit plans to the Township as are reasonably necessary to determine the height of any proposed building or structure. The Township shall forward the documents to the York Airport owner, who shall, in turn, forward them to the Pennsylvania Bureau of Aviation for a review by the Bureau and, if required, to be sent by the Bureau to the Federal Aviation Administration (FAA) to determine compliance with FAA guidelines regarding objects affecting navigable airspace. The Bureau of Aviation shall have 10 working days to issue a report to the Township indicating whether or not a hazard/no hazard determination by the Federal Aviation Administration is necessary.

(2)

If the York Airport owner recommends that the application does not require a hazard/no hazard determination by the Federal Aviation Administration and the application complies with all other applicable provisions of Township ordinances, a building permit application can be approved.

(3)

If the York Airport owner determines that the proposed use requires a hazard/no hazard determination by the Federal Aviation Administration, then the York Airport owner will assist the applicant in completing an FAA Form 7460, which is available at the Township offices, and submit it to the Federal Aviation Administration for determination. If the Federal Aviation Administration issues a "no hazard" determination and the application complies with all other applicable provisions of Township ordinances, the Township can issue a building permit. If the Federal Aviation Administration issues a "hazard" determination, the application will be denied.

(4)

No variances circumventing the York Airport owner's review and hazard determination by the Federal Aviation Administration shall be granted by the Zoning Hearing Board without expressed written consent thereto from the Federal Aviation Administration, such consent to be obtained by the property owner/applicant.

Land use regulations within Airport Safety Zones 1, 2, and 3.

(1)

Uses permitted by right in AIR-1. The following uses, limited to one principal use per lot, are permitted by right in the AIR-1 Zone:

(a)

Parking lots and access drives thereto.

(b)

Agriculture.

(c)

Golf course.

(d)

Passive open space/park facility.

(2)

Uses permitted in AIR-2 and AIR-3 are those permitted in the underlying zoning district as noted either by right or by special exception.

Jackson Township City Zoning Code

ARTICLE III

Zone Regulations

§ 133-7 Zones and boundaries.

Establishment of zones. The Township of Jackson is divided into zones enumerated below and shown on the map entitled "Zoning Map of Jackson Township," which is part of this chapter:[1]

	AP	Agricultural Protection
	RC	Rural Conservation
	R-1	Low-Density Residential
	R-2	Medium-Density Residential
	R-3	High-Density Residential
	V	Village
	C	Commercial
	I	Industrial
	FW	Floodway Overlay
	FF	Flood Fringe Overlay
	FA	General Floodplain Area Overlay
	UM	Underground Mining Overlay
	AIR-1	Airport Safety - 1
	AIR-2	Airport Safety - 2
	AIR-3	Airport Safety - 3

[1]

Editor's Note: The Zoning Map is on file in the Township offices.

Boundaries of zones. Where uncertainty exists concerning the boundaries of the zones as shown on the Zoning Map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following municipal limits shall be construed as following municipal limits.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as following utility lines or rights-of-way shall be construed to be centered upon such lines or rights-of-way.

(6)

Boundaries indicated as approximately following the center lines of streams, rivers, or other bodies of water shall be construed to follow such center lines.

(7)

(8)

§ 133-8 Use regulations.

(1)

Additional general provisions are set forth in Article IV.

(2)

Modifications to the use or dimensional requirements are set forth in Article IV.

(3)

Supplemental regulations for selected uses permitted by right are set forth in Article VII.

(4)

Standards for special exception uses are set forth in Article VI and § 133-54F.

§ 133-9 Agricultural Protection Zone (AP).

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the AP Zone, subject to applicable regulations of Articles IV and VII of this chapter:

(1)

Single-family detached dwellings or group homes, subject to the following regulations:

(a)

	Size of Parcel of Land (acres)	Number of Dwellings or Group Homes Permitted
	0 - 4.99	1
	5 - 14.99	2
	15 - 29.99	3
	30 - 44.99	4
	45 - 59.99	5
	60 - 74.99	6
	75 -- 124.99	7
	125 -- 174.99	8
	175 -- 224.99	9
	225 or more	1 additional for each 50 acres over 225 acres

Agriculture.

Animal hospital.

Farm buildings.

Farm produce stand.

Forestry.

No-impact home-based business.

(9)

Slaughtering, processing, rendering and packaging of food products.

(10)

Stable, riding academy.

(11)

Wildlife preserve.

(1)

Bed-and-breakfast inn.

(2)

Cemetery.

(3)

Club room, club grounds, meeting hall. (Any accessory outdoor trap, skeet, rifle, pistol or archery range must comply with the requirements of § 133-112 of this chapter.)

(4)

Domiciliary care home.

(5)

Farm implement sales and service.

(6)

Greenhouse, horticultural nursery.

Home occupation.

House of worship.

Kennel.

Medical clinic, research laboratory.

(11)

Nonconformity, expansion of.

(12)

Park or other recreation area of a nonprofit nature.

(13)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(14)

Public utility building or service structure.

(15)

Regulated shooting grounds.

(16)

Sawmill operation.

Lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:

(1)

Minimum lot area: one acre (43,560 square feet).

(2)

Minimum lot width: 200 feet.

Setbacks. Each lot shall provide front, side and rear setbacks not less than the following:

(1)

Front setback: 50 feet.

(2)

Each side setback: 25 feet.

(3)

Rear setback: 40 feet.

Building height. The building height limit shall be 35 feet, except in the case of farm buildings, in which case there shall be no height limitation, except as set forth in § 133-27 of this chapter.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 20% of the lot area.

Open area. Not less than 80% of the lot area shall be devoted to open area, as defined in this chapter.

Prime farmstead regulations.

(1)

The prime farmstead shall be considered as an additional dwelling right.

(2)

In the event that the prime farmstead is not assigned to the residual parcel, the lot may exceed the maximum lot size as set out in § 133-9B(1)(c), but in no event shall it exceed five acres.

§ 133-10 Rural Conservation Zone (RC).

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the RC Zone, subject to applicable regulations of Articles IV and VII:

Agriculture.

Animal hospital.

Farm, farm buildings.

Farm produce stand.

Forestry.

Group home.

House of worship.

No-impact home-based business.

(10)

Single-family detached dwelling.

(11)

Wildlife preserves.

(1)

Bed-and-breakfast inn.

(2)

Campground.

(3)

Cemetery.

(4)

Club room, club grounds, meeting hall. (Any accessory outdoor trap, skeet, rifle, pistol, or archery range must comply with the requirements of § 133-112 of this chapter.)

(5)

Communications tower and communications equipment buildings.

(6)

Day-care home (family or group).

(7)

Domiciliary care home.

(8)

Farm implement sales and service.

(9)

Greenhouse, horticultural nursery.

(10)

Home occupation.

(11)

Kennel.

(12)

Nonconformity, expansion of.

(13)

Outdoor commercial recreation establishment.

(14)

Park or other recreation area of a nonprofit nature.

(15)

Personal care boarding home.

(16)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(17)

Public utility building or service structure.

(18)

Regulated shooting grounds.

(19)

Sawmill operation.

(20)

School.

(21)

Trap, skeet, rifle, pistol, or archery range (outdoor commercial).

Minimum lot area and width. Lot area and width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:*

(1)

Minimum lot area: three acres (130,680 square feet).

(2)

Minimum lot width: 200 feet.

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors evidence the need for a larger lot.

Setback. Each lot shall have front, side, and rear setbacks not less than the following:

(1)

Front setback: 50 feet.

(2)

Side setback: 25 feet.

(3)

Rear setback: 40 feet.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 25% of the lot area.

Open area. Not less than 75% of the lot area shall be devoted to open area, as defined in this chapter.

§ 133-11 Low-Density Residential Zone (R-1).

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the R-1 Zone, subject to applicable regulations of Articles IV and VII:

Forestry.

Group home.

No-impact home-based business.

(5)

Single-family detached dwelling.

(1)

Bed-and-breakfast inn.

(2)

Day-care center (child or adult) or nursery school.

(3)

Day-care home (family or group).

(4)

Home occupation.

(5)

Nonconformity, expansion of.

(6)

Park or other recreation area of a nonprofit nature.

(7)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(8)

Public utility building or service structure.

(9)

School.

Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:*

	Public Water and/or Public Sewer		No Public Water and No Public Sewer
Use	Lot Area (square feet)	Lot Width (feet)	Lot Area (acres)	Lot Width (feet)
Single-family detached dwellings	30,000 per dwelling unit	125 per dwelling unit	1 (43,560 square feet) per dwelling unit	150 per dwelling unit
All other uses	30,000	125	1 (43,560 square feet)	150

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors require the need for a larger lot.

Setbacks. Each lot shall have front, side, and rear setbacks not less than the following:

(1)

Front setback: 35 feet.

(2)

Side setback: 15 feet.

(3)

Rear setback: 30 feet.

[Amended 9-6-2011 by Ord. No. 190-11]

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 35% of the lot area.

Open area. Not less than 65% of the lot area shall be devoted to open area, as defined in this chapter.

Cluster development. Within the R-1 Zone, clustering of dwelling units is permitted, provided that the following requirements are met:

(1)

The parcel shall have a minimum size of 10 acres.

(2)

	Dwelling Type	Minimum Lot Width (feet)	Minimum Lot Area (square feet)
	Single-family detached dwellings	100 per dwelling unit	20,000 per dwelling unit

(3)

Whenever cluster development is proposed, a sketch plan of the development as it would appear if designed conventionally must be presented with the cluster development plan.

(4)

All cluster developments shall be served by public or community sewer and public water facilities.

(5)

All streets, driveways, and access drives serving cluster developments shall comply with the standards this chapter, Chapter 113, Subdivision and Land Development, and other applicable regulations.

(6)

Open space, individual lot coverage, and open area requirements.

(a)

A minimum of 30% of the parcel shall remain as common open space apart from the lots on which dwellings are to be located.

(b)

Open space shall, wherever possible, preserve steep slopes, wetlands, streams, woodlands and similar areas.

Setback requirements. Minimum setback requirements for single-family detached dwellings shall be as follows:

(a)

Front setback: 20 feet.

(b)

Side setback: 10 feet.

(c)

Rear setback: 20 feet.

(8)

§ 133-12 Medium-Density Residential Zone (R-2).

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the R-2 Zone, subject to applicable regulations of Articles IV and VII:

Forestry.

Group home.

House of worship.

No-impact home-based business.

(6)

Single-family detached dwelling.

(7)

Single-family semidetached dwelling.

(1)

Bed-and-breakfast inn.

(2)

Cemetery.

(3)

Day-care center (child or adult) or nursery school.

(4)

Day-care home (family or group).

(5)

Home occupation.

(6)

Nonconformity, expansion of.

(7)

Park or other recreation area of a nonprofit nature.

(8)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(9)

Public utility building or service structure.

(10)

School.

Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:*

	With Public Water and Public Sewer		With Either Public Water or Public Sewer		No Public Water and No Public Sewer
Use	Lot Area (square feet)	Lot Width (feet)	Lot Area (square feet)	Lot Width (feet)	Lot Area (acres)	Lot Width (feet)
Single-family detached dwellings; single-family semidetached dwellings	15,000 per dwelling unit	100 per dwelling unit	25,000 per dwelling unit	125 per dwelling unit	1 (43,560 square feet) per dwelling unit	150 per dwelling unit
All other uses	20,000	100	25,000	125	1 (43,560 square feet)	150

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors evidence the need for a larger lot.

Setbacks. Each lot shall have front, side, and rear setbacks not less than the following:

(1)

Front setback: 35 feet.

(2)

Side setback: 15 feet.

(3)

Rear setback: 30 feet.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 35% of the lot area.

Open area. Not less than 65% of the lot area shall be devoted to open area, as defined in this chapter.

Cluster development. Within the R-2 Zone, clustering of dwelling units is permitted, provided that the following requirements are met:

(1)

The parcel shall have a minimum size of 10 acres.

(2)

	Dwelling Type	Minimum Lot Width (feet)	Minimum Lot Area (square feet)
	Single-family detached dwellings; single-family semidetached dwellings	60 per dwelling unit	7,000 per dwelling unit

(3)

Whenever cluster development is proposed, a sketch plan of the development as it would appear if designed conventionally must be presented with the cluster development plan.

(4)

All cluster developments shall be served by public or community sewer and public water facilities.

(5)

(6)

Open space, individual lot coverage, and open area requirements.

(a)

(b)

Open space shall, wherever possible, preserve steep slopes, wetlands, streams, woodlands, and similar areas.

(c)

(d)

The developer must submit a signed, notarized statement concerning use and maintenance of the open space area(s) that shall include any and all covenants, restrictions, and agreements pertaining to such rights and responsibilities. Such covenants or agreements shall be perpetual and must be recorded with the approved plan.

(e)

(f)

(7)

Setback requirements. Minimum setback requirements for single-family detached dwellings and single-family semidetached dwellings shall be as follows:

(a)

Front setback: 20 feet.

(b)

Side setback: 10 feet.

(c)

Rear setback: 20 feet.

(8)

§ 133-13 High-Density Residential Zone (R-3).

Forestry.

Group home.

Multifamily dwellings and apartments.

(5)

No-impact home-based business.

(6)

Single-family detached dwelling.

(7)

Single-family semidetached dwelling.

(8)

Single-family attached dwellings.

(9)

Two-family detached dwelling.

(1)

Bed-and-breakfast inn.

(2)

Club room, club grounds, meeting hall.

(3)

Convalescent home, hospital.

(4)

Day-care center (child or adult) or nursery school.

(5)

Day-care home (family or group).

(6)

Domiciliary care home.

(7)

Group quarters.

(8)

Home occupation.

(9)

Medical clinic, research laboratory.

(10)

Mobile home park.

(11)

Multifamily or two-family conversion.

(12)

Nonconformity, expansion of.

(13)

Park or other recreation area of a nonprofit nature.

(14)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(15)

Public utility building or service structure.

Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:

[Amended 6-7-2022 by Ord. No. 225-2022]

	Public Water and Public Sewer
Use	Lot Area (square feet)	Lot Width (feet)
Single-family detached dwellings; single-family semidetached dwellings; two-family dwellings	8,000 per dwelling unit	70 per dwelling unit
Single-family attached dwellings	6,000 per dwelling unit	30 per dwelling unit
Multifamily dwellings and apartments	6,000 per dwelling unit	30 per dwelling unit
All other uses	10,000	100

Setbacks. Each lot shall have front, side, and rear setbacks not less than the following:

(1)

Front setback: 30 feet.

(2)

[Amended 6-7-2022 by Ord. No. 225-2022]

(3)

Rear setback: 30 feet.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 35% of the lot area.

Open area. Not less than 65% of the lot area shall be devoted to open area, as defined in this chapter.

[Added 6-7-2022 by Ord. No. 225-2022[1]]

[1]

Editor's Note: This ordinance also renumbered former Subsection I, Cluster development, as Subsection J.

Cluster development. Within the R-3 Zone, clustering of dwelling units is permitted, provided that the following requirements are met:

(1)

The parcel shall have a minimum size of 10 acres.

(2)

[Amended 6-7-2022 by Ord. No. 225-2022]

Dwelling Type	Minimum Lot Width (feet)	Minimum Lot Area (square feet)
Single-family detached dwellings, single-family semidetached dwellings and two-family dwellings	60 per dwelling unit	6,000 per dwelling unit
Single-family attached dwellings	30 per dwelling unit	3,000 per dwelling unit
Multifamily dwellings and apartments	100 per building containing dwelling units	20,000 per building containing dwelling units

(3)

Whenever cluster development is proposed, a sketch plan of the development as it would appear if designed conventionally must be presented with the cluster development plan.

(4)

All cluster developments shall be served by public sewer and public water facilities.

[Amended 6-7-2022 by Ord. No. 225-2022]

(5)

[Amended 6-7-2022 by Ord. No. 225-2022]

(6)

Cluster developments shall be permitted to develop a maximum of 50% of the total dwelling units as multifamily dwellings, single-family attached dwellings, or a combination of the two.

(7)

Open space, individual lot coverage, and open area requirements.

(a)

(b)

(c)

Open space shall, wherever possible, preserve steep slopes, wetlands, streams, woodlands, and similar areas.

(d)

(e)

The developer must submit a signed, notarized statement concerning use and maintenance of the open space area(s) that shall include any and all covenants, restrictions, and agreements pertaining to such rights and responsibilities. Such covenants or agreements shall be perpetual and must be recorded with the approved plan.

(f)

(g)

(8)

Setback requirements.

[Amended 6-7-2022 by Ord. No. 225-2022]

(a)

Minimum setback requirements for single-family detached dwellings, single-family semidetached dwellings, and two-family dwellings shall be as follows:

[1]

Front setback: 20 feet.

[2]

Side setback: 10 feet.

[3]

Rear setback: 20 feet.

(b)

Minimum setback requirements for single-family attached dwellings shall be as follows:

[1]

Front setback: 20 feet.

[2]

Side setback: 15 feet.

[3]

Rear setback: 20 feet.

(c)

Minimum setback requirements for multifamily dwellings and apartments shall be as follows:

[1]

Front setback: 30 feet.

[2]

Side setback: 30 feet.

[3]

Rear setback: 30 feet.

(9)

§ 133-14 Village Zone (V).

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the V zone, subject to applicable regulations of Articles IV and VII:

(1)

Cluster development. (See Subsection I below.)

(2)

Forestry.

(3)

Group home.

(4)

No-impact home-based business.

(5)

Personal service business.

(6)

[1]Single-family detached dwelling.

[1]

(7)

Single-family semidetached dwelling.

(8)

Two-family detached dwelling.

(9)

Traditional neighborhood development. (See Subsection J below.)

(1)

Apartment in conjunction with a commercial establishment.

(2)

Bed-and-breakfast inn.

(3)

Club room, club grounds, meeting hall.

(4)

Convalescent home, hospital.

(5)

Day-care center (child or adult) or nursery school.

(6)

Day-care home (family or group).

(7)

Domiciliary care home.

Group quarters.

Home occupation.

House of worship.

Medical clinic, research laboratory.

(12)

Multifamily or two-family conversion.

(13)

Multifamily or single-family attached dwellings.

(14)

Nonconformity, expansion of.

(15)

Park or other recreation area of a nonprofit nature.

(16)

Personal care boarding home.

(17)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(18)

Public utility building or service structure.

(19)

Restaurant, drive-through or fast-food.

(20)

Restaurant, sit-down.

(21)

Retail or convenience store.

(22)

Rooming house.

(23)

Tavern (not including drive-through).

Minimum lot area and lot width.

(1)

Lot area and lot width (street frontage) not less than the following dimensions shall be provided for each principal use hereafter established in the V Zone:*

	With Public Water and Public Sewer		With Either Public Water or Public Sewer		No Public Water and No Public Sewer
Use	Lot Area (square feet)	Lot Width (feet)	Lot Area (square feet)	Lot Width (feet)	Lot Area (acres)	Lot Width (feet)
Single-family and two-family dwellings	6,000 per dwelling unit	60 per dwelling unit	25,000 per dwelling unit	125 per dwelling unit	1 (43,560 square feet) per dwelling unit	150 per dwelling unit
All other uses	10,000	100	25,000	125	1 (43,560 square feet)	150

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors indicate the need for a larger lot.

Setbacks. Each lot shall have front, side and rear setbacks not less than the following:

(1)

Front setback: 25 feet.

(2)

Side setback: 10 feet.

(3)

Rear setback: 25 feet.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 50% of the lot area.

Open area. Not less than 50% of the lot area shall be devoted to open area, as defined in this chapter.

Cluster development. Within the V Zone, clustering of dwelling units is permitted, provided that the following requirements are met:

(1)

The parcel shall have a minimum size of 10 acres.

(2)

Dwelling Type	Minimum Lot Width (feet)	Minimum Lot Area (square feet)
Single-family detached dwellings, single-family semidetached dwellings and two-family dwellings	40 per dwelling unit	4,500 per dwelling unit
Single-family attached dwellings	20 per dwelling unit	2,000 per dwelling unit
Multifamily dwellings	100	20,000

(3)

Whenever cluster development is proposed, a sketch plan of the development as it would appear if designed conventionally must be presented with the cluster development plan.

(4)

All cluster developments shall be served by public or community sewer and public water facilities.

(5)

(6)

(7)

Open space, individual lot coverage and open area requirements.

(a)

(b)

(c)

Open space shall, wherever possible, preserve steep slopes, wetlands, streams, woodlands and similar areas.

Setback requirements. The minimum setback requirement for single-family detached dwellings, single-family semidetached dwellings, and two-family dwellings shall be as follows:

(a)

Front setback: 20 feet.

(b)

Side setback: eight feet.

(c)

Rear setback: 20 feet.

(9)

Traditional neighborhood development.

(1)

(a)

Is compact;

(b)

Is designed for the human scale;

(c)

(d)

Provides a mix of housing styles, types, and sizes to accommodate households of all ages, sizes, and incomes;

(e)

(f)

Retains existing buildings with historical features or architectural features that enhance the visual character of the community;

(g)

Incorporates significant environmental features into the design and provides green space and recreational opportunities;

(h)

Contains buildings which are oriented toward and define the streetscape; and

(i)

Is consistent with the Jackson/Paradise Joint Comprehensive Plan.

(2)

Applicability.

(a)

Traditional neighborhood development may be developed on 10 acres or more of contiguous land under single ownership at any location within the Village District.

(b)

(c)

Whenever TND is proposed, a sketch plan of the development as it would appear if designed conventionally must be presented with the TND development plan.

(3)

Design standards.

(a)

[1]

Residential uses. A mix of residential dwelling types shall be provided.

[a]

The following types can occur anywhere within the traditional neighborhood development:

[i]

Single-family detached dwellings.

[ii]

Single-family semidetached dwellings.

[iii]

Multifamily dwellings.

[iv]

Townhouses.

[v]

Residential accessory uses.

[b]

The minimum and maximum percentage of dwelling unit types in the TND is as follows, according to the size of the TND:

	TND Greater than 30 Acres (percentage of total dwelling units in TND)		TND 30 Acres or Less (percentage of total dwelling units in TND)
Use	Minimum	Maximum	Minimum	Maximum
Single-family detached	50%	70%	50%	70%
Single-family semidetached	10%	30%	10%	30%
Townhouse	10%	30%	10%	20%
Multifamily	10%	20%	5%	10%
Live/work	—	10%	—	10%
Mixed-use	5%	10%	—	10%

Commercial uses in the community center. Individual businesses shall not exceed 2,500 square feet in size. The following pedestrian-oriented uses are permitted:

[A]

Food services (neighborhood grocery stores, butcher shops, bakeries, restaurants, delicatessens, cafes, confectionery, coffee shops, and neighborhood bars or pubs).

[B]

[C]

[D]

Accommodations (bed-and-breakfast establishments, small hotels or inns).

[ii]

Residential uses in the community center:

[A]

Single-family semidetached dwellings.

[B]

Multifamily dwellings.

[C]

Townhouses.

[D]

Residential units located on upper floors above commercial uses or to the rear of storefronts.

[E]

Live/work units that combine a residence and the resident's workplace.

[iii]

Civic or institutional uses in the community center. Civic or institutional uses shall abut or be visible from a common open space area or park.

[A]

Municipal offices, fire stations, libraries, museums, community meeting facilities, and post offices.

[B]

Transit shelters.

[C]

Places of worship.

[D]

Educational facilities.

[iv]

Open space uses in the community center:

[A]

Central common open space area.

[B]

Neighborhood parks and common open space areas.

Playground.

Environmental corridors.

[b]

Protected natural areas.

[c]

Community parks.

[d]

Streams, ponds, lakes, and other water bodies.

[e]

Significant tree stands and trees of high quality.

TND standards.

	Ground Floor Area of Commercial Uses
Size of TND	Minimum	Maximum
10 to 30 acres	1%	3%
Greater than 30 acres	0.6%	5%*

*NOTE: Provided that the maximum ground floor area shall be 85,000 square feet.

[4]

Lot and block standards.

[a]

Block and lot size diversity. A variety of lot sizes should be provided that allows diverse housing choices.

[b]

Lot dimensions, setbacks, and coverages shall be as follows, except as otherwise noted in the subsection regarding the community center area or below:

	Minimum Lot Size (square feet)	Minimum Lot Width (feet)	Minimum Front Yard (feet)	Minimum Side Yard (feet)	Minimum Rear Yard (feet)	Maximum Impervious Lot Coverage
Single-family detached dwelling	4,400	40	10	5 on one side; 15 total	5	65%
Single-family semidetached dwelling (per unit)	3,500	35	10	5 on one side; 15 total	5	70%
Townhouse outside community center	2,400	24	10	10 at end of row	5	70%
Townhouse within community center	1,200	24	0	0	0	100%
Multifamily building	4,000	40	10	10	5	65%
Mixed-use building	1,200	24	10	10	5	70%
Commercial building	2,000	20	10	5 when not attached	10	75%
Commercial building abutting residential properties outside the TND, if permitted by the Board of Supervisors	10,000	60	25	20	25	70%

[5]

Building setbacks in community center area.

[a]

Structures in the community center area have no minimum setback. Commercial and civic or institutional buildings should abut the sidewalks in the community center area.

[6]

[7]

Public sanitary sewer and public water service are required.

[8]

[9]

The total impervious coverage within the TND shall not exceed 45% of the gross tract area.

(c)

Architectural standards.

[1]

[2]

Guidelines for new structures.

[a]

[b]

Entries and facades.

[i]

The architectural features, materials, and the articulation of a façade of a building shall be continued on all sides visible from a public street, courtyard, common open space area, or park.

[ii]

[iii]

The front façade shall not be oriented to face directly toward a parking lot, except when commercial uses are permitted to do so by the Board of Supervisors.

[iv]

Architectural elements shall define the front entrance to all residences.

[v]

New structures on the same street shall have compatible architecture.

[vi]

All residential, commercial, live/work and mixed-use buildings in a neighborhood shall be compatible and form an integrated streetscape.

[vii]

[viii]

The façade of any building or row of buildings facing a street shall incorporate windows and contain surface treatments to create visual interest and break up visual massing of building facades.

Residential sidewalks. Clear and well-lighted sidewalks, three to five feet in width, depending on projected pedestrian traffic, shall connect all dwelling entrances to the adjacent public sidewalk.

[b]

[c]

Disabled accessibility. Sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act.

Motor vehicle circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic-calming features may be used to encourage slow traffic speeds.

[5]

Street hierarchy. Each street within a traditional neighborhood development shall be classified according to the following (arterial streets should not bisect a traditional neighborhood development):

[a]

[b]

Local street. This street provides primary access to individual residential properties. Traffic volumes are relatively low.

[c]

Alley. These streets provide secondary access to residential properties. Alleys may also provide delivery access or alternate parking access to commercial properties.

Table 1 Attributes of Streets in a Traditional Neighborhood Development¹
	Collector	Local Street	Alley
Auto travel lanes	2 or 3 12-foot lanes	2 10-foot lanes	2 8-foot lanes for 2-way traffic, or 1 12-foot lane for 1-way traffic
Bicycle lanes	2 4-foot lanes combined with parking lanes	None	None
Parking	None, 1, or both sides, 8 feet wide each side	None, 1, or both sides, 8 feet wide each side	None (access to individual drives and garages outside right-of-way)
Curb and gutter	Required	Required	Not required
Planting strips*	Minimum 5 feet	Minimum 5 feet	None
Sidewalks	Both sides, 5 feet minimum	Both sides, 3 to 5 feet	None

NOTES:
¹ The Board of Supervisors may allow variation or relief from these standards. The Board of Supervisors may also allow alternative roadway concepts, such as one-way streets and yield streets.
*Planting strips are not required in community center areas when permission is granted by the Board of Supervisors.

Street orientation.

Generally, there shall be a continuous network of alleys to the rear of lots within the TND, unless otherwise permitted by the Board of Supervisors.

[iv]

[7]

Parking requirements.

[a]

[b]

A parking lot or garage may not be adjacent to or opposite a street intersection, be adjacent to greens or parks, or occupy lots which terminate at a vista.

[c]

Parking lots or garages must provide not less than one bicycle parking space for every 10 motor vehicle parking spaces.

[d]

Adjacent on-street parking to a lot or building may apply toward the minimum parking requirements.

[e]

Adjacent parking lots shall have vehicular connections.

Outdoor lighting.

Exterior lighting shall not cast glare onto adjacent properties, and the design of such lighting is subject to the approval of the Board of Supervisors.

Parking area landscaping and screening.

[a]

All parking and loading areas fronting public streets or sidewalks and all parking and loading areas abutting residential uses shall provide:

[i]

A landscaped area at least five feet wide along the public street or sidewalk.

[ii]

Screening at least three feet in height and not less than 50% opaque.

[iii]

One tree for each 25 linear feet of parking lot frontage.

[b]

[4]

Installation and maintenance of landscaping materials.

[a]

All landscape materials shall be installed to current industry standards.

[b]

[c]

(f)

§ 133-15 Commercial Zone (C).

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the C Zone, subject to applicable regulations of Articles IV and VII:

(1)

Animal hospital.

(2)

Club room, club grounds, meeting hall (not including accessory outdoor trap, skeet, rifle, pistol, or archery range).

(3)

Commercial recreation establishment (e.g., theater, bowling alley, arcade).

(4)

Commercial school.

(5)

(6)

Contractors' office or shop.

(7)

Day-care center (child or adult) or nursery school.

(8)

Financial institution.

(9)

Forestry.

(10)

Funeral home.

(11)

Greenhouse, horticultural nursery.

(12)

Health fitness center or tanning salon.

(13)

Home occupation.

(14)

House of worship.

(15)

Laundry and dry-cleaning establishment.

(16)

No-impact home-based business.

(17)

Personal service business.

(18)

Professional or business office.

(19)

Retail or convenience store.

(20)

Wholesale establishment.

Uses by special exception. The following uses, limited to one principal use per lot, shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide the requests for such uses according to criteria established in Articles V and VI of this chapter.

(1)

Adult-oriented facility.

(2)

Apartment in conjunction with a commercial establishment.

(3)

Automobile and/or recreational vehicle and/or trailer sales, automobile body shop and/or automobile garage.

(4)

Automobile washing facility.

(5)

Bed-and-breakfast inn.

(6)

Building materials sales.

(7)

Commercial parking lot or building.

(8)

Communications towers and communications equipment buildings.

(9)

Convalescent home, hospital.

(10)

Farm implement sales and service.

(11)

Halfway house.

(12)

Medical clinic, research laboratory.

(13)

Mini-storage facility.

(14)

Mobile home sales lot.

(15)

Motel, hotel.

(16)

Nonconformity, expansion of.

(17)

Open-air retail.

(18)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(19)

Public or semipublic parking lot or garage.

(20)

Public utility building or service structure.

(21)

Restaurant (drive-through or fast-food).

(22)

Restaurant (sit-down).

(23)

Service station or convenience store dispensing fuel.

(24)

Shopping center, shopping mall, or shopping plaza.

(25)

Tavern.

(26)

Transportation (passenger) terminal (does not include public transit stops along public streets).

Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:*

	Public Water and Public Sewer		Public Water or Public Sewer		No Public Water and No Public Sewer
	Lot Area (square feet)	Lot Width (feet)	Lot Area (square feet)	Lot Width (feet)	Lot Area (acres)	Lot Width (feet)
	8,000	70	30,000	125	1 (43,560 square feet)	150

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors evidence the need for a larger lot.

Setbacks. Each lot shall have front, side, and rear setbacks not less than the following:

(1)

Front setback: 35 feet.

(2)

Side setback: 15 feet.

(3)

Rear setback: 35 feet.

Building height. The height limit for a principal building or structure shall be three stories but in no case more than 35 feet; however, the maximum height limit may be increased to five stories or 50 feet, provided that each minimum building setback is increased in size one foot for each additional one foot of building height over 35 feet. The height limit for an accessory building or structure shall be two stories but not over 25 feet.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 75% of the lot area.

Open area. Not less than 25% of the lot area shall be devoted to open area, as defined in this chapter.

Screens and buffers: see § 133-32.

§ 133-16 Industrial Zone (I).

(1)

To encourage the development of and continued use of land for industrial purposes.

(2)

To prohibit any use that would substantially interfere with the development, continuation, or expansion of industrial uses in the district.

(3)

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the I Zone, subject to applicable regulations of Articles IV and VII:

(1)

Building material sales.

(2)

(3)

Contractor's office and/or shop.

(4)

Forestry.

(5)

Heavy storage sales and/or service (includes wholesale establishment).

(6)

Home occupation.

(7)

Industrial activities.

(8)

Multi- or single-tenant professional office building.

(9)

No-impact home-based business.

(10)

Offices associated with permitted uses not considered as a separate principal use.

(1)

Airport, airstrip.

(2)

Automobile washing facility.

(3)

Automobile wrecking, junkyard.

(4)

Communications towers and communications equipment buildings.

(5)

Greenhouse, horticultural nursery.

(6)

Heliport.

(7)

Industrial park.

(8)

Mini-storage facility.

(9)

Motel, hotel.

(10)

Natural extraction industry.

(11)

Nonconformity, expansion of.

(12)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(13)

Public or semipublic parking lot or garage.

(14)

Public utility building or service structure.

(15)

Medical Clinic, research laboratory.

[Amended 9-6-2011 by Ord. No. 190-11]

(16)

Sawmill operation.

(17)

Solid waste disposal and/or processing facility.

(18)

Truck or motor freight terminal.

Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:*

(1)

Minimum lot area: 43,560 square feet (one acre).

(2)

Minimum lot width: 150 feet.

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors require the need for a larger lot.

Setbacks. Each lot shall provide front, side, and rear setbacks not less than the following:

(1)

Front setback: 50 feet.

(2)

Side setback: 25 feet.

(3)

Rear setback: 35 feet.

Building height. The height limit for a principal building or structure shall be 50 feet. The height limit for an accessory building or structure shall be 25 feet.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 75% of the lot area.

Open area. Not less than 25% of the lot area shall be devoted to open area, as defined in this chapter.

Screens and buffers: see § 133-32.

§ 133-17 Floodplain Overlay Zones: Floodway (FW), Flood Fringe (FF), and General Floodplain Area (FA).

(1)

(2)

Restricting or prohibiting certain uses, activities, and development from being located within areas subject to flooding.

(3)

Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.

(4)

Protecting individuals from buying lands and structures that are unsuited for intended purposes because of flood hazards.

Establishment of floodplain zones.

(1)

Description of zones.

(a)

[Amended 6-7-2016 by Ord. No. 210-16]

Overlay concept

Where there exists any conflict between the provisions or requirements of any of the floodplain zones and those of any underlying zone, the more-restrictive provision of the two shall apply.

(2)

[Amended 6-7-2016 by Ord. No. 210-16]

(3)

(4)

§ 133-18 Underground Mining Overlay Zone (UM).

Uses by right. The following uses are permitted by right in the UM Zone:

(1)

Underground mining.

(2)

Heavy storage (in the underground mine only).

(3)

Accessory uses customarily incidental to underground mining or heavy storage.

Heavy storage. The heavy storage use in the Underground Mining Overlay District may only occur in the underground mine.

The Zoning Map of Jackson Township is hereby amended to designate the following York County tax assessment parcels subject to the Underground Mining Overlay District (UM):

	33000HF00130000000
	33000HF00150000000
	33000HF00160000000
	33000HF00170000000
	33000HF00770000000
	33000HF00940000000
	33000HF01140000000
	33000HF01180000000

All activities on the surface of the ground shall be conducted strictly in accordance with the restrictions of the underlying zoning district in which the land is located.

All provisions of this chapter unaffected by this article shall remain in full force and effect.

§ 133-19 Airport Safety Zones (AIR-1, AIR-2, AIR-3).

Purpose and intent.

Lands in airport safety zones defined.

(1)

(2)

Three separate zones within the airport hazard area have been identified:

(a)

(b)

(c)

Height regulations within Airport Safety Zones 1, 2, and 3.

Land use regulations within Airport Safety Zones 1, 2, and 3.

(1)

Uses permitted by right in AIR-1. The following uses, limited to one principal use per lot, are permitted by right in the AIR-1 Zone:

(a)

Parking lots and access drives thereto.

(b)

Agriculture.

(c)

Golf course.

(d)

Passive open space/park facility.

(2)

Uses permitted in AIR-2 and AIR-3 are those permitted in the underlying zoning district as noted either by right or by special exception.

Jackson Township City Zoning Code

ARTICLE III

Zone Regulations

§ 133-7 Zones and boundaries.

Establishment of zones. The Township of Jackson is divided into zones enumerated below and shown on the map entitled "Zoning Map of Jackson Township," which is part of this chapter:[1]

	AP	Agricultural Protection
	RC	Rural Conservation
	R-1	Low-Density Residential
	R-2	Medium-Density Residential
	R-3	High-Density Residential
	V	Village
	C	Commercial
	I	Industrial
	FW	Floodway Overlay
	FF	Flood Fringe Overlay
	FA	General Floodplain Area Overlay
	UM	Underground Mining Overlay
	AIR-1	Airport Safety - 1
	AIR-2	Airport Safety - 2
	AIR-3	Airport Safety - 3

[1]

Editor's Note: The Zoning Map is on file in the Township offices.

Boundaries of zones. Where uncertainty exists concerning the boundaries of the zones as shown on the Zoning Map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following municipal limits shall be construed as following municipal limits.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as following utility lines or rights-of-way shall be construed to be centered upon such lines or rights-of-way.

(6)

Boundaries indicated as approximately following the center lines of streams, rivers, or other bodies of water shall be construed to follow such center lines.

(7)

(8)

§ 133-8 Use regulations.

(1)

Additional general provisions are set forth in Article IV.

(2)

Modifications to the use or dimensional requirements are set forth in Article IV.

(3)

Supplemental regulations for selected uses permitted by right are set forth in Article VII.

(4)

Standards for special exception uses are set forth in Article VI and § 133-54F.

§ 133-9 Agricultural Protection Zone (AP).

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the AP Zone, subject to applicable regulations of Articles IV and VII of this chapter:

(1)

Single-family detached dwellings or group homes, subject to the following regulations:

(a)

	Size of Parcel of Land (acres)	Number of Dwellings or Group Homes Permitted
	0 - 4.99	1
	5 - 14.99	2
	15 - 29.99	3
	30 - 44.99	4
	45 - 59.99	5
	60 - 74.99	6
	75 -- 124.99	7
	125 -- 174.99	8
	175 -- 224.99	9
	225 or more	1 additional for each 50 acres over 225 acres

Agriculture.

Animal hospital.

Farm buildings.

Farm produce stand.

Forestry.

No-impact home-based business.

(9)

Slaughtering, processing, rendering and packaging of food products.

(10)

Stable, riding academy.

(11)

Wildlife preserve.

(1)

Bed-and-breakfast inn.

(2)

Cemetery.

(3)

Club room, club grounds, meeting hall. (Any accessory outdoor trap, skeet, rifle, pistol or archery range must comply with the requirements of § 133-112 of this chapter.)

(4)

Domiciliary care home.

(5)

Farm implement sales and service.

(6)

Greenhouse, horticultural nursery.

Home occupation.

House of worship.

Kennel.

Medical clinic, research laboratory.

(11)

Nonconformity, expansion of.

(12)

Park or other recreation area of a nonprofit nature.

(13)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(14)

Public utility building or service structure.

(15)

Regulated shooting grounds.

(16)

Sawmill operation.

Lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:

(1)

Minimum lot area: one acre (43,560 square feet).

(2)

Minimum lot width: 200 feet.

Setbacks. Each lot shall provide front, side and rear setbacks not less than the following:

(1)

Front setback: 50 feet.

(2)

Each side setback: 25 feet.

(3)

Rear setback: 40 feet.

Building height. The building height limit shall be 35 feet, except in the case of farm buildings, in which case there shall be no height limitation, except as set forth in § 133-27 of this chapter.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 20% of the lot area.

Open area. Not less than 80% of the lot area shall be devoted to open area, as defined in this chapter.

Prime farmstead regulations.

(1)

The prime farmstead shall be considered as an additional dwelling right.

(2)

In the event that the prime farmstead is not assigned to the residual parcel, the lot may exceed the maximum lot size as set out in § 133-9B(1)(c), but in no event shall it exceed five acres.

§ 133-10 Rural Conservation Zone (RC).

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the RC Zone, subject to applicable regulations of Articles IV and VII:

Agriculture.

Animal hospital.

Farm, farm buildings.

Farm produce stand.

Forestry.

Group home.

House of worship.

No-impact home-based business.

(10)

Single-family detached dwelling.

(11)

Wildlife preserves.

(1)

Bed-and-breakfast inn.

(2)

Campground.

(3)

Cemetery.

(4)

Club room, club grounds, meeting hall. (Any accessory outdoor trap, skeet, rifle, pistol, or archery range must comply with the requirements of § 133-112 of this chapter.)

(5)

Communications tower and communications equipment buildings.

(6)

Day-care home (family or group).

(7)

Domiciliary care home.

(8)

Farm implement sales and service.

(9)

Greenhouse, horticultural nursery.

(10)

Home occupation.

(11)

Kennel.

(12)

Nonconformity, expansion of.

(13)

Outdoor commercial recreation establishment.

(14)

Park or other recreation area of a nonprofit nature.

(15)

Personal care boarding home.

(16)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(17)

Public utility building or service structure.

(18)

Regulated shooting grounds.

(19)

Sawmill operation.

(20)

School.

(21)

Trap, skeet, rifle, pistol, or archery range (outdoor commercial).

Minimum lot area and width. Lot area and width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:*

(1)

Minimum lot area: three acres (130,680 square feet).

(2)

Minimum lot width: 200 feet.

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors evidence the need for a larger lot.

Setback. Each lot shall have front, side, and rear setbacks not less than the following:

(1)

Front setback: 50 feet.

(2)

Side setback: 25 feet.

(3)

Rear setback: 40 feet.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 25% of the lot area.

Open area. Not less than 75% of the lot area shall be devoted to open area, as defined in this chapter.

§ 133-11 Low-Density Residential Zone (R-1).

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the R-1 Zone, subject to applicable regulations of Articles IV and VII:

Forestry.

Group home.

No-impact home-based business.

(5)

Single-family detached dwelling.

(1)

Bed-and-breakfast inn.

(2)

Day-care center (child or adult) or nursery school.

(3)

Day-care home (family or group).

(4)

Home occupation.

(5)

Nonconformity, expansion of.

(6)

Park or other recreation area of a nonprofit nature.

(7)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(8)

Public utility building or service structure.

(9)

School.

Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:*

	Public Water and/or Public Sewer		No Public Water and No Public Sewer
Use	Lot Area (square feet)	Lot Width (feet)	Lot Area (acres)	Lot Width (feet)
Single-family detached dwellings	30,000 per dwelling unit	125 per dwelling unit	1 (43,560 square feet) per dwelling unit	150 per dwelling unit
All other uses	30,000	125	1 (43,560 square feet)	150

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors require the need for a larger lot.

Setbacks. Each lot shall have front, side, and rear setbacks not less than the following:

(1)

Front setback: 35 feet.

(2)

Side setback: 15 feet.

(3)

Rear setback: 30 feet.

[Amended 9-6-2011 by Ord. No. 190-11]

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 35% of the lot area.

Open area. Not less than 65% of the lot area shall be devoted to open area, as defined in this chapter.

Cluster development. Within the R-1 Zone, clustering of dwelling units is permitted, provided that the following requirements are met:

(1)

The parcel shall have a minimum size of 10 acres.

(2)

	Dwelling Type	Minimum Lot Width (feet)	Minimum Lot Area (square feet)
	Single-family detached dwellings	100 per dwelling unit	20,000 per dwelling unit

(3)

Whenever cluster development is proposed, a sketch plan of the development as it would appear if designed conventionally must be presented with the cluster development plan.

(4)

All cluster developments shall be served by public or community sewer and public water facilities.

(5)

All streets, driveways, and access drives serving cluster developments shall comply with the standards this chapter, Chapter 113, Subdivision and Land Development, and other applicable regulations.

(6)

Open space, individual lot coverage, and open area requirements.

(a)

A minimum of 30% of the parcel shall remain as common open space apart from the lots on which dwellings are to be located.

(b)

Open space shall, wherever possible, preserve steep slopes, wetlands, streams, woodlands and similar areas.

Setback requirements. Minimum setback requirements for single-family detached dwellings shall be as follows:

(a)

Front setback: 20 feet.

(b)

Side setback: 10 feet.

(c)

Rear setback: 20 feet.

(8)

§ 133-12 Medium-Density Residential Zone (R-2).

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the R-2 Zone, subject to applicable regulations of Articles IV and VII:

Forestry.

Group home.

House of worship.

No-impact home-based business.

(6)

Single-family detached dwelling.

(7)

Single-family semidetached dwelling.

(1)

Bed-and-breakfast inn.

(2)

Cemetery.

(3)

Day-care center (child or adult) or nursery school.

(4)

Day-care home (family or group).

(5)

Home occupation.

(6)

Nonconformity, expansion of.

(7)

Park or other recreation area of a nonprofit nature.

(8)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(9)

Public utility building or service structure.

(10)

School.

Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:*

	With Public Water and Public Sewer		With Either Public Water or Public Sewer		No Public Water and No Public Sewer
Use	Lot Area (square feet)	Lot Width (feet)	Lot Area (square feet)	Lot Width (feet)	Lot Area (acres)	Lot Width (feet)
Single-family detached dwellings; single-family semidetached dwellings	15,000 per dwelling unit	100 per dwelling unit	25,000 per dwelling unit	125 per dwelling unit	1 (43,560 square feet) per dwelling unit	150 per dwelling unit
All other uses	20,000	100	25,000	125	1 (43,560 square feet)	150

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors evidence the need for a larger lot.

Setbacks. Each lot shall have front, side, and rear setbacks not less than the following:

(1)

Front setback: 35 feet.

(2)

Side setback: 15 feet.

(3)

Rear setback: 30 feet.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 35% of the lot area.

Open area. Not less than 65% of the lot area shall be devoted to open area, as defined in this chapter.

Cluster development. Within the R-2 Zone, clustering of dwelling units is permitted, provided that the following requirements are met:

(1)

The parcel shall have a minimum size of 10 acres.

(2)

	Dwelling Type	Minimum Lot Width (feet)	Minimum Lot Area (square feet)
	Single-family detached dwellings; single-family semidetached dwellings	60 per dwelling unit	7,000 per dwelling unit

(3)

Whenever cluster development is proposed, a sketch plan of the development as it would appear if designed conventionally must be presented with the cluster development plan.

(4)

All cluster developments shall be served by public or community sewer and public water facilities.

(5)

(6)

Open space, individual lot coverage, and open area requirements.

(a)

(b)

Open space shall, wherever possible, preserve steep slopes, wetlands, streams, woodlands, and similar areas.

(c)

(d)

The developer must submit a signed, notarized statement concerning use and maintenance of the open space area(s) that shall include any and all covenants, restrictions, and agreements pertaining to such rights and responsibilities. Such covenants or agreements shall be perpetual and must be recorded with the approved plan.

(e)

(f)

(7)

Setback requirements. Minimum setback requirements for single-family detached dwellings and single-family semidetached dwellings shall be as follows:

(a)

Front setback: 20 feet.

(b)

Side setback: 10 feet.

(c)

Rear setback: 20 feet.

(8)

§ 133-13 High-Density Residential Zone (R-3).

Forestry.

Group home.

Multifamily dwellings and apartments.

(5)

No-impact home-based business.

(6)

Single-family detached dwelling.

(7)

Single-family semidetached dwelling.

(8)

Single-family attached dwellings.

(9)

Two-family detached dwelling.

(1)

Bed-and-breakfast inn.

(2)

Club room, club grounds, meeting hall.

(3)

Convalescent home, hospital.

(4)

Day-care center (child or adult) or nursery school.

(5)

Day-care home (family or group).

(6)

Domiciliary care home.

(7)

Group quarters.

(8)

Home occupation.

(9)

Medical clinic, research laboratory.

(10)

Mobile home park.

(11)

Multifamily or two-family conversion.

(12)

Nonconformity, expansion of.

(13)

Park or other recreation area of a nonprofit nature.

(14)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(15)

Public utility building or service structure.

Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:

[Amended 6-7-2022 by Ord. No. 225-2022]

	Public Water and Public Sewer
Use	Lot Area (square feet)	Lot Width (feet)
Single-family detached dwellings; single-family semidetached dwellings; two-family dwellings	8,000 per dwelling unit	70 per dwelling unit
Single-family attached dwellings	6,000 per dwelling unit	30 per dwelling unit
Multifamily dwellings and apartments	6,000 per dwelling unit	30 per dwelling unit
All other uses	10,000	100

Setbacks. Each lot shall have front, side, and rear setbacks not less than the following:

(1)

Front setback: 30 feet.

(2)

[Amended 6-7-2022 by Ord. No. 225-2022]

(3)

Rear setback: 30 feet.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 35% of the lot area.

Open area. Not less than 65% of the lot area shall be devoted to open area, as defined in this chapter.

[Added 6-7-2022 by Ord. No. 225-2022[1]]

[1]

Editor's Note: This ordinance also renumbered former Subsection I, Cluster development, as Subsection J.

Cluster development. Within the R-3 Zone, clustering of dwelling units is permitted, provided that the following requirements are met:

(1)

The parcel shall have a minimum size of 10 acres.

(2)

[Amended 6-7-2022 by Ord. No. 225-2022]

Dwelling Type	Minimum Lot Width (feet)	Minimum Lot Area (square feet)
Single-family detached dwellings, single-family semidetached dwellings and two-family dwellings	60 per dwelling unit	6,000 per dwelling unit
Single-family attached dwellings	30 per dwelling unit	3,000 per dwelling unit
Multifamily dwellings and apartments	100 per building containing dwelling units	20,000 per building containing dwelling units

(3)

Whenever cluster development is proposed, a sketch plan of the development as it would appear if designed conventionally must be presented with the cluster development plan.

(4)

All cluster developments shall be served by public sewer and public water facilities.

[Amended 6-7-2022 by Ord. No. 225-2022]

(5)

[Amended 6-7-2022 by Ord. No. 225-2022]

(6)

Cluster developments shall be permitted to develop a maximum of 50% of the total dwelling units as multifamily dwellings, single-family attached dwellings, or a combination of the two.

(7)

Open space, individual lot coverage, and open area requirements.

(a)

(b)

(c)

Open space shall, wherever possible, preserve steep slopes, wetlands, streams, woodlands, and similar areas.

(d)

(e)

The developer must submit a signed, notarized statement concerning use and maintenance of the open space area(s) that shall include any and all covenants, restrictions, and agreements pertaining to such rights and responsibilities. Such covenants or agreements shall be perpetual and must be recorded with the approved plan.

(f)

(g)

(8)

Setback requirements.

[Amended 6-7-2022 by Ord. No. 225-2022]

(a)

Minimum setback requirements for single-family detached dwellings, single-family semidetached dwellings, and two-family dwellings shall be as follows:

[1]

Front setback: 20 feet.

[2]

Side setback: 10 feet.

[3]

Rear setback: 20 feet.

(b)

Minimum setback requirements for single-family attached dwellings shall be as follows:

[1]

Front setback: 20 feet.

[2]

Side setback: 15 feet.

[3]

Rear setback: 20 feet.

(c)

Minimum setback requirements for multifamily dwellings and apartments shall be as follows:

[1]

Front setback: 30 feet.

[2]

Side setback: 30 feet.

[3]

Rear setback: 30 feet.

(9)

§ 133-14 Village Zone (V).

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the V zone, subject to applicable regulations of Articles IV and VII:

(1)

Cluster development. (See Subsection I below.)

(2)

Forestry.

(3)

Group home.

(4)

No-impact home-based business.

(5)

Personal service business.

(6)

[1]Single-family detached dwelling.

[1]

(7)

Single-family semidetached dwelling.

(8)

Two-family detached dwelling.

(9)

Traditional neighborhood development. (See Subsection J below.)

(1)

Apartment in conjunction with a commercial establishment.

(2)

Bed-and-breakfast inn.

(3)

Club room, club grounds, meeting hall.

(4)

Convalescent home, hospital.

(5)

Day-care center (child or adult) or nursery school.

(6)

Day-care home (family or group).

(7)

Domiciliary care home.

Group quarters.

Home occupation.

House of worship.

Medical clinic, research laboratory.

(12)

Multifamily or two-family conversion.

(13)

Multifamily or single-family attached dwellings.

(14)

Nonconformity, expansion of.

(15)

Park or other recreation area of a nonprofit nature.

(16)

Personal care boarding home.

(17)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(18)

Public utility building or service structure.

(19)

Restaurant, drive-through or fast-food.

(20)

Restaurant, sit-down.

(21)

Retail or convenience store.

(22)

Rooming house.

(23)

Tavern (not including drive-through).

Minimum lot area and lot width.

(1)

Lot area and lot width (street frontage) not less than the following dimensions shall be provided for each principal use hereafter established in the V Zone:*

	With Public Water and Public Sewer		With Either Public Water or Public Sewer		No Public Water and No Public Sewer
Use	Lot Area (square feet)	Lot Width (feet)	Lot Area (square feet)	Lot Width (feet)	Lot Area (acres)	Lot Width (feet)
Single-family and two-family dwellings	6,000 per dwelling unit	60 per dwelling unit	25,000 per dwelling unit	125 per dwelling unit	1 (43,560 square feet) per dwelling unit	150 per dwelling unit
All other uses	10,000	100	25,000	125	1 (43,560 square feet)	150

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors indicate the need for a larger lot.

Setbacks. Each lot shall have front, side and rear setbacks not less than the following:

(1)

Front setback: 25 feet.

(2)

Side setback: 10 feet.

(3)

Rear setback: 25 feet.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 50% of the lot area.

Open area. Not less than 50% of the lot area shall be devoted to open area, as defined in this chapter.

Cluster development. Within the V Zone, clustering of dwelling units is permitted, provided that the following requirements are met:

(1)

The parcel shall have a minimum size of 10 acres.

(2)

Dwelling Type	Minimum Lot Width (feet)	Minimum Lot Area (square feet)
Single-family detached dwellings, single-family semidetached dwellings and two-family dwellings	40 per dwelling unit	4,500 per dwelling unit
Single-family attached dwellings	20 per dwelling unit	2,000 per dwelling unit
Multifamily dwellings	100	20,000

(3)

Whenever cluster development is proposed, a sketch plan of the development as it would appear if designed conventionally must be presented with the cluster development plan.

(4)

All cluster developments shall be served by public or community sewer and public water facilities.

(5)

(6)

(7)

Open space, individual lot coverage and open area requirements.

(a)

(b)

(c)

Open space shall, wherever possible, preserve steep slopes, wetlands, streams, woodlands and similar areas.

Setback requirements. The minimum setback requirement for single-family detached dwellings, single-family semidetached dwellings, and two-family dwellings shall be as follows:

(a)

Front setback: 20 feet.

(b)

Side setback: eight feet.

(c)

Rear setback: 20 feet.

(9)

Traditional neighborhood development.

(1)

(a)

Is compact;

(b)

Is designed for the human scale;

(c)

(d)

Provides a mix of housing styles, types, and sizes to accommodate households of all ages, sizes, and incomes;

(e)

(f)

Retains existing buildings with historical features or architectural features that enhance the visual character of the community;

(g)

Incorporates significant environmental features into the design and provides green space and recreational opportunities;

(h)

Contains buildings which are oriented toward and define the streetscape; and

(i)

Is consistent with the Jackson/Paradise Joint Comprehensive Plan.

(2)

Applicability.

(a)

Traditional neighborhood development may be developed on 10 acres or more of contiguous land under single ownership at any location within the Village District.

(b)

(c)

Whenever TND is proposed, a sketch plan of the development as it would appear if designed conventionally must be presented with the TND development plan.

(3)

Design standards.

(a)

[1]

Residential uses. A mix of residential dwelling types shall be provided.

[a]

The following types can occur anywhere within the traditional neighborhood development:

[i]

Single-family detached dwellings.

[ii]

Single-family semidetached dwellings.

[iii]

Multifamily dwellings.

[iv]

Townhouses.

[v]

Residential accessory uses.

[b]

The minimum and maximum percentage of dwelling unit types in the TND is as follows, according to the size of the TND:

	TND Greater than 30 Acres (percentage of total dwelling units in TND)		TND 30 Acres or Less (percentage of total dwelling units in TND)
Use	Minimum	Maximum	Minimum	Maximum
Single-family detached	50%	70%	50%	70%
Single-family semidetached	10%	30%	10%	30%
Townhouse	10%	30%	10%	20%
Multifamily	10%	20%	5%	10%
Live/work	—	10%	—	10%
Mixed-use	5%	10%	—	10%

Commercial uses in the community center. Individual businesses shall not exceed 2,500 square feet in size. The following pedestrian-oriented uses are permitted:

[A]

Food services (neighborhood grocery stores, butcher shops, bakeries, restaurants, delicatessens, cafes, confectionery, coffee shops, and neighborhood bars or pubs).

[B]

[C]

[D]

Accommodations (bed-and-breakfast establishments, small hotels or inns).

[ii]

Residential uses in the community center:

[A]

Single-family semidetached dwellings.

[B]

Multifamily dwellings.

[C]

Townhouses.

[D]

Residential units located on upper floors above commercial uses or to the rear of storefronts.

[E]

Live/work units that combine a residence and the resident's workplace.

[iii]

Civic or institutional uses in the community center. Civic or institutional uses shall abut or be visible from a common open space area or park.

[A]

Municipal offices, fire stations, libraries, museums, community meeting facilities, and post offices.

[B]

Transit shelters.

[C]

Places of worship.

[D]

Educational facilities.

[iv]

Open space uses in the community center:

[A]

Central common open space area.

[B]

Neighborhood parks and common open space areas.

Playground.

Environmental corridors.

[b]

Protected natural areas.

[c]

Community parks.

[d]

Streams, ponds, lakes, and other water bodies.

[e]

Significant tree stands and trees of high quality.

TND standards.

	Ground Floor Area of Commercial Uses
Size of TND	Minimum	Maximum
10 to 30 acres	1%	3%
Greater than 30 acres	0.6%	5%*

*NOTE: Provided that the maximum ground floor area shall be 85,000 square feet.

[4]

Lot and block standards.

[a]

Block and lot size diversity. A variety of lot sizes should be provided that allows diverse housing choices.

[b]

Lot dimensions, setbacks, and coverages shall be as follows, except as otherwise noted in the subsection regarding the community center area or below:

	Minimum Lot Size (square feet)	Minimum Lot Width (feet)	Minimum Front Yard (feet)	Minimum Side Yard (feet)	Minimum Rear Yard (feet)	Maximum Impervious Lot Coverage
Single-family detached dwelling	4,400	40	10	5 on one side; 15 total	5	65%
Single-family semidetached dwelling (per unit)	3,500	35	10	5 on one side; 15 total	5	70%
Townhouse outside community center	2,400	24	10	10 at end of row	5	70%
Townhouse within community center	1,200	24	0	0	0	100%
Multifamily building	4,000	40	10	10	5	65%
Mixed-use building	1,200	24	10	10	5	70%
Commercial building	2,000	20	10	5 when not attached	10	75%
Commercial building abutting residential properties outside the TND, if permitted by the Board of Supervisors	10,000	60	25	20	25	70%

[5]

Building setbacks in community center area.

[a]

Structures in the community center area have no minimum setback. Commercial and civic or institutional buildings should abut the sidewalks in the community center area.

[6]

[7]

Public sanitary sewer and public water service are required.

[8]

[9]

The total impervious coverage within the TND shall not exceed 45% of the gross tract area.

(c)

Architectural standards.

[1]

[2]

Guidelines for new structures.

[a]

[b]

Entries and facades.

[i]

The architectural features, materials, and the articulation of a façade of a building shall be continued on all sides visible from a public street, courtyard, common open space area, or park.

[ii]

[iii]

The front façade shall not be oriented to face directly toward a parking lot, except when commercial uses are permitted to do so by the Board of Supervisors.

[iv]

Architectural elements shall define the front entrance to all residences.

[v]

New structures on the same street shall have compatible architecture.

[vi]

All residential, commercial, live/work and mixed-use buildings in a neighborhood shall be compatible and form an integrated streetscape.

[vii]

[viii]

The façade of any building or row of buildings facing a street shall incorporate windows and contain surface treatments to create visual interest and break up visual massing of building facades.

Residential sidewalks. Clear and well-lighted sidewalks, three to five feet in width, depending on projected pedestrian traffic, shall connect all dwelling entrances to the adjacent public sidewalk.

[b]

[c]

Disabled accessibility. Sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act.

Motor vehicle circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic-calming features may be used to encourage slow traffic speeds.

[5]

Street hierarchy. Each street within a traditional neighborhood development shall be classified according to the following (arterial streets should not bisect a traditional neighborhood development):

[a]

[b]

Local street. This street provides primary access to individual residential properties. Traffic volumes are relatively low.

[c]

Alley. These streets provide secondary access to residential properties. Alleys may also provide delivery access or alternate parking access to commercial properties.

Table 1 Attributes of Streets in a Traditional Neighborhood Development¹
	Collector	Local Street	Alley
Auto travel lanes	2 or 3 12-foot lanes	2 10-foot lanes	2 8-foot lanes for 2-way traffic, or 1 12-foot lane for 1-way traffic
Bicycle lanes	2 4-foot lanes combined with parking lanes	None	None
Parking	None, 1, or both sides, 8 feet wide each side	None, 1, or both sides, 8 feet wide each side	None (access to individual drives and garages outside right-of-way)
Curb and gutter	Required	Required	Not required
Planting strips*	Minimum 5 feet	Minimum 5 feet	None
Sidewalks	Both sides, 5 feet minimum	Both sides, 3 to 5 feet	None

NOTES:
¹ The Board of Supervisors may allow variation or relief from these standards. The Board of Supervisors may also allow alternative roadway concepts, such as one-way streets and yield streets.
*Planting strips are not required in community center areas when permission is granted by the Board of Supervisors.

Street orientation.

Generally, there shall be a continuous network of alleys to the rear of lots within the TND, unless otherwise permitted by the Board of Supervisors.

[iv]

[7]

Parking requirements.

[a]

[b]

A parking lot or garage may not be adjacent to or opposite a street intersection, be adjacent to greens or parks, or occupy lots which terminate at a vista.

[c]

Parking lots or garages must provide not less than one bicycle parking space for every 10 motor vehicle parking spaces.

[d]

Adjacent on-street parking to a lot or building may apply toward the minimum parking requirements.

[e]

Adjacent parking lots shall have vehicular connections.

Outdoor lighting.

Exterior lighting shall not cast glare onto adjacent properties, and the design of such lighting is subject to the approval of the Board of Supervisors.

Parking area landscaping and screening.

[a]

All parking and loading areas fronting public streets or sidewalks and all parking and loading areas abutting residential uses shall provide:

[i]

A landscaped area at least five feet wide along the public street or sidewalk.

[ii]

Screening at least three feet in height and not less than 50% opaque.

[iii]

One tree for each 25 linear feet of parking lot frontage.

[b]

[4]

Installation and maintenance of landscaping materials.

[a]

All landscape materials shall be installed to current industry standards.

[b]

[c]

(f)

§ 133-15 Commercial Zone (C).

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the C Zone, subject to applicable regulations of Articles IV and VII:

(1)

Animal hospital.

(2)

Club room, club grounds, meeting hall (not including accessory outdoor trap, skeet, rifle, pistol, or archery range).

(3)

Commercial recreation establishment (e.g., theater, bowling alley, arcade).

(4)

Commercial school.

(5)

(6)

Contractors' office or shop.

(7)

Day-care center (child or adult) or nursery school.

(8)

Financial institution.

(9)

Forestry.

(10)

Funeral home.

(11)

Greenhouse, horticultural nursery.

(12)

Health fitness center or tanning salon.

(13)

Home occupation.

(14)

House of worship.

(15)

Laundry and dry-cleaning establishment.

(16)

No-impact home-based business.

(17)

Personal service business.

(18)

Professional or business office.

(19)

Retail or convenience store.

(20)

Wholesale establishment.

Uses by special exception. The following uses, limited to one principal use per lot, shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide the requests for such uses according to criteria established in Articles V and VI of this chapter.

(1)

Adult-oriented facility.

(2)

Apartment in conjunction with a commercial establishment.

(3)

Automobile and/or recreational vehicle and/or trailer sales, automobile body shop and/or automobile garage.

(4)

Automobile washing facility.

(5)

Bed-and-breakfast inn.

(6)

Building materials sales.

(7)

Commercial parking lot or building.

(8)

Communications towers and communications equipment buildings.

(9)

Convalescent home, hospital.

(10)

Farm implement sales and service.

(11)

Halfway house.

(12)

Medical clinic, research laboratory.

(13)

Mini-storage facility.

(14)

Mobile home sales lot.

(15)

Motel, hotel.

(16)

Nonconformity, expansion of.

(17)

Open-air retail.

(18)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(19)

Public or semipublic parking lot or garage.

(20)

Public utility building or service structure.

(21)

Restaurant (drive-through or fast-food).

(22)

Restaurant (sit-down).

(23)

Service station or convenience store dispensing fuel.

(24)

Shopping center, shopping mall, or shopping plaza.

(25)

Tavern.

(26)

Transportation (passenger) terminal (does not include public transit stops along public streets).

Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:*

	Public Water and Public Sewer		Public Water or Public Sewer		No Public Water and No Public Sewer
	Lot Area (square feet)	Lot Width (feet)	Lot Area (square feet)	Lot Width (feet)	Lot Area (acres)	Lot Width (feet)
	8,000	70	30,000	125	1 (43,560 square feet)	150

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors evidence the need for a larger lot.

Setbacks. Each lot shall have front, side, and rear setbacks not less than the following:

(1)

Front setback: 35 feet.

(2)

Side setback: 15 feet.

(3)

Rear setback: 35 feet.

Building height. The height limit for a principal building or structure shall be three stories but in no case more than 35 feet; however, the maximum height limit may be increased to five stories or 50 feet, provided that each minimum building setback is increased in size one foot for each additional one foot of building height over 35 feet. The height limit for an accessory building or structure shall be two stories but not over 25 feet.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 75% of the lot area.

Open area. Not less than 25% of the lot area shall be devoted to open area, as defined in this chapter.

Screens and buffers: see § 133-32.

§ 133-16 Industrial Zone (I).

(1)

To encourage the development of and continued use of land for industrial purposes.

(2)

To prohibit any use that would substantially interfere with the development, continuation, or expansion of industrial uses in the district.

(3)

Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the I Zone, subject to applicable regulations of Articles IV and VII:

(1)

Building material sales.

(2)

(3)

Contractor's office and/or shop.

(4)

Forestry.

(5)

Heavy storage sales and/or service (includes wholesale establishment).

(6)

Home occupation.

(7)

Industrial activities.

(8)

Multi- or single-tenant professional office building.

(9)

No-impact home-based business.

(10)

Offices associated with permitted uses not considered as a separate principal use.

(1)

Airport, airstrip.

(2)

Automobile washing facility.

(3)

Automobile wrecking, junkyard.

(4)

Communications towers and communications equipment buildings.

(5)

Greenhouse, horticultural nursery.

(6)

Heliport.

(7)

Industrial park.

(8)

Mini-storage facility.

(9)

Motel, hotel.

(10)

Natural extraction industry.

(11)

Nonconformity, expansion of.

(12)

Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

(13)

Public or semipublic parking lot or garage.

(14)

Public utility building or service structure.

(15)

Medical Clinic, research laboratory.

[Amended 9-6-2011 by Ord. No. 190-11]

(16)

Sawmill operation.

(17)

Solid waste disposal and/or processing facility.

(18)

Truck or motor freight terminal.

Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:*

(1)

Minimum lot area: 43,560 square feet (one acre).

(2)

Minimum lot width: 150 feet.

*NOTE: Additional lot area may be required if well testing, soil limitations for on-site sewage disposal, or other factors require the need for a larger lot.

Setbacks. Each lot shall provide front, side, and rear setbacks not less than the following:

(1)

Front setback: 50 feet.

(2)

Side setback: 25 feet.

(3)

Rear setback: 35 feet.

Building height. The height limit for a principal building or structure shall be 50 feet. The height limit for an accessory building or structure shall be 25 feet.

Lot coverage. The total surface area of all buildings, structures, paving and any other impervious surfaces shall not exceed 75% of the lot area.

Open area. Not less than 25% of the lot area shall be devoted to open area, as defined in this chapter.

Screens and buffers: see § 133-32.

§ 133-17 Floodplain Overlay Zones: Floodway (FW), Flood Fringe (FF), and General Floodplain Area (FA).

(1)

(2)

Restricting or prohibiting certain uses, activities, and development from being located within areas subject to flooding.

(3)

Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.

(4)

Protecting individuals from buying lands and structures that are unsuited for intended purposes because of flood hazards.

Establishment of floodplain zones.

(1)

Description of zones.

(a)

[Amended 6-7-2016 by Ord. No. 210-16]

Overlay concept

Where there exists any conflict between the provisions or requirements of any of the floodplain zones and those of any underlying zone, the more-restrictive provision of the two shall apply.

(2)

[Amended 6-7-2016 by Ord. No. 210-16]

(3)

(4)

§ 133-18 Underground Mining Overlay Zone (UM).

Uses by right. The following uses are permitted by right in the UM Zone:

(1)

Underground mining.

(2)

Heavy storage (in the underground mine only).

(3)

Accessory uses customarily incidental to underground mining or heavy storage.

Heavy storage. The heavy storage use in the Underground Mining Overlay District may only occur in the underground mine.

The Zoning Map of Jackson Township is hereby amended to designate the following York County tax assessment parcels subject to the Underground Mining Overlay District (UM):

	33000HF00130000000
	33000HF00150000000
	33000HF00160000000
	33000HF00170000000
	33000HF00770000000
	33000HF00940000000
	33000HF01140000000
	33000HF01180000000

All activities on the surface of the ground shall be conducted strictly in accordance with the restrictions of the underlying zoning district in which the land is located.

All provisions of this chapter unaffected by this article shall remain in full force and effect.