Kelly Township City Zoning Code

R-R - Residential-Rural District. It is the intent of this district to set aside areas in the more rural portions of the Township where low density residential uses can logically be accommodated yet not interfere with nor encroach into the agricultural areas surrounding them. While public facilities and utilities are available in some portions of this zone, further extensions and public investments should only be pursued where such infrastructure is needed to correct potential health or safety problems, as a means of preserving the rural character of these areas. Multifamily or higher density residential uses are therefore not provided for this zoning district, nor are other potentially incompatible nonresidential uses.

R-S - Residential-Suburban District. This district is designed to provide an area within the Township where low to moderate density, single and multifamily residential development can be situated and a safe, family home environment can be promoted. Areas set aside for this zone include sections of the municipality where this type of development already exists and areas where further development of this nature could be located without creating conflicts with non-compatible land uses. Lot sizes in this district are based upon the need to safeguard the health of the residents and therefore require sufficient space be provided for the placement of on-site water facilities and sub-surface sewage disposal systems where municipal sewer and water are not available. Compatible public and semi-public uses, such as schools, churches, and recreational facilities are provided for in this zone, while commercial activities or other uses which would interfere with the district's purpose are discouraged.

R-U - Residential-Urban District. It is the intent of this zone to set aside areas where moderate to high density residential development can be situated in the Township, along with associated institutional, recreational and compatible neighborhood retail uses. This district includes the urban or more highly developed areas of the Township adjacent to or in the Village of West Milton, as well as some sections of the Mountain View area. The regulations seek to protect and enhance, to the greatest extent possible, the past residential and nonresidential investments that have occurred in these areas. Public sewer and/or water supplies are available throughout these areas or could be extended with little difficulty.

C-N - Commercial-Neighborhood District. The purpose of this commercial district is to provide for the development of retail activities and other compatible uses which serve the needs of the immediate neighborhood or segment of the community. While the service area of some of the activities developed in this zone may extend beyond the site's immediate surroundings, the uses established should not be of such a nature or intensity that they cater to the general traveling public or result in the creation of large volumes of traffic. Areas designated for this zone are situated in reasonable proximity to the segments of the Township they are intended to serve.

C-H-M - Commercial Highway Manufacturing. This district is established to accommodate commercial and manufacturing uses and activities. This district is located along Route 15 where the uses already exist and where the necessary infrastructure is present. The regulations permit the development of a wide range of commercial and manufacturing uses but require adequate parking, loading area, buffers, noise and pollution abatement measures.

I - Institutional District. This zone is intended to provide an area in the Township where various types of public and quasi-public institutional uses and activities can be adequately accommodated. Permissible activities in this zone include hospitals, nursing homes, correctional and rehabilitation facilities, as well as schools, churches and recreational areas. Other uses or activities which could hinder the achievement of this goal or detract from the district's overall intent are prohibited. Standards are included to provide for adequate buffering and screening or separation between these activities and adjoining uses.

A - Agricultural District. The purpose of this district is to preserve and protect those areas of Kelly Township which are predominantly agricultural in use and those portions of the municipality which have the highest quality soils. Land cultivation and related agricultural production activities, including animal husbandry, are encouraged in these areas, as is the maintenance of the area's rural and semi-rural countryside qualities and character. The intent of such designation is to permit those lands best suited for agriculture (including pasture, grazing lands and wooded tracts) to be utilized for that purpose and to discourage incompatible land uses from encroaching into these areas. All types of agricultural activities, including agribusinesses, and land conservation uses, including woodland preservation or natural resource conservation, are provided for, and residential uses, while allowed, are permitted only at a low density. The agricultural designation is intended to encourage farmers to invest in farm improvements and to discourage land speculation for residential development in these areas of the Township.

FF and FP - Flood Fringe and General Floodplain District (Overlying Districts). The intent of this district is to prevent the loss of property and life; the creation of health and safety hazards; the disruption of commercial and governmental services; and the extraordinary and unnecessary expenditure of public funds for flood protection and relief. To achieve this end, permitted uses must be floodproofed against flood damage. (See Part 6.) In these floodplain areas, development and/or the use of land shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related requirements of this and all other Township codes and ordinances.

FW - Floodway District. The purpose of this district is to prevent the loss of property and life; the creation of health and safety hazards; the disruption of commercial and governmental services; and the extraordinary and unnecessary expenditure of public funds for flood protection and relief. To achieve this end, only those uses which will not cause an increase in 100-year flood heights, velocities, or frequencies will be permitted. (See Part 6.) In addition, in the Floodway District, no development shall be permitted except where the effects of such development on 100-year flood heights is fully offset by accompanying stream improvements which have been approved by all appropriate local and/or state authorities and notification of such has been given to the Federal Insurance and Mitigation Administration and the PA Department of Community and Economic Development, Office of Strategic Planning and Program Operations.

The locations and boundaries of the zoning districts are hereby established as shown on the Official Zoning Map, which is made a part of this chapter together with all future notations, references and amendments.

No change of any nature shall be made to the Official Zoning Map, except in conformance with the procedures set forth in § 27-1100 of this chapter. The final authority as to the current status of zoning districts shall be the Official Zoning Map. Any changes made to the zoning districts shall be made on the Official Zoning Map promptly after the amendment has been approved by the Township Board of Supervisors, and shall bear the date of the amendment and the signatures of the Chairman of the Board of Supervisors and the Township Secretary.

Designation of District Boundaries. The district boundary lines, except for the floodplain districts, are intended to generally follow the center lines of streets, highways, railroad rights-of-way, existing lot lines, municipal boundary lines, or streams or may be designated as shown on the Official Zoning Map by a specific dimension from a road center line or other boundary as indicated.

Determination of District Boundary Locations. Where uncertainty exists with respect to the actual location of a district boundary line in a particular instance, the Zoning Officer shall request the Zoning Hearing Board to render its interpretation with respect thereto. Provided however, no boundary shall be changed by the Zoning Hearing Board. If the true location of the boundary cannot be determined by interpretation of the Zoning Hearing Board, a request for corrective action shall be filed with the Township Supervisors.