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Lower Towamensing Township
City Zoning Code

ARTICLE III

Establishment of Zoning Districts and Map

§ 450-19 Designation of districts.

For the purpose of this chapter, the territory of Lower Towamensing Township is hereby divided into the following zoning districts:
A. 
Base districts.
(1) 
R-R Resort and Recreation District. The purpose of this district is to provide for commercial developments consisting of a combination of transient and permanent housing accommodations and commercial indoor and outdoor recreational and entertainment uses which serve as a destination for vacationers and those attending conferences or conventions as well as those partaking of these activities for a shorter duration.
(2) 
R-C Rural Conservation District. This district contains much of the farmland within the Township as well as steep slopes covered with woodland. The purpose of this district to maintain the rural character of this sparsely developed area predominantly in farmland and woodland, to encourage the preservation of the agricultural and woodland resources of the Township, and to discourage intensive development in those areas which have severe limitations for on-lot sewage treatment and will not be served by a sanitary sewer system in the near future and those areas which have limitations to building because of such factors as steep slope and shallow depth to bedrock. It is also the intent of this district to encourage the preservation of the upper watershed areas of a number of watercourses and the floodplains which adjoin the watercourses, thus protecting stream quality and minimizing adverse effects of increased stormwater runoff and erosion and sedimentation which could occur if intensive development of the wooded slopes above the watercourses took place.
(3) 
R-1 Low Density Residential District. The purpose of this district is to provide an area for low density residential development, agricultural activities, and certain other limited nonresidential activities.
(4) 
R-2 Medium/High Density Residential District. The purpose of this district is to provide an area for residential development at low to medium densities, depending upon the availability of public or community sewer and/or water facilities. Lot sizes may be decreased and a variety of residential uses constructed and limited nonresidential uses when public or community sewer and water facilities are available.
(5) 
V-C Village Center District. The purpose of this district is to provide for residential and light commercial development. The intent of this district is to provide for and allow compatible residential and light commercial uses to coexist.
(6) 
I Industrial District. It is the purpose of this district to provide an area in which a variety of industrial uses may be located.
B. 
Overlay districts.
(1) 
AH Airport Hazard Overlay District. The purposes of this overlay district are to create an area that considers safety issues around the Slatington and Beltzville Airports, and any other airport delineated by the FAA, regulate and restrict the heights of constructed structures and objects of natural growth, create appropriate zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such zones, create the permitting process for use within said zones and provide for enforcement, assessment of violation penalties, an appeals process, and judicial review (see § 450-29).
(2) 
AT Appalachian Trail Overlay District. In accordance with Pennsylvania Act 24 of 2008,[1] an Appalachian Trail protection area is hereby created. In order to protect the Appalachian Trail and its scenic views, a 250-foot buffer area on each side of the trail, as measured from the center line of the Appalachian Trail, is created as a protection zone. No future development shall occur within this area.
[1]
Editor's Note: See 64 P.S. § 801 et seq.

§ 450-20 Official Zoning Map.

A. 
The Township is hereby divided into zones, or districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.[1]
B. 
The Official Zoning Map shall be identified by the signature of the Chairman of the Township Board of Supervisors, attested by the Secretary and bearing the Seal of the Township under the following words: "This is to certify that this is the Official Zoning Map, adopted on March 10, 2015, as part of Ordinance No. 152 of the Township of Lower Towamensing, Carbon County, Pennsylvania."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
If, in accordance with the provisions of this chapter and Article VI of the MPC,[2] changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the Township Board of Supervisors with an entry on the Official Zoning Map.
[2]
Editor's Note: See 53 P.S. § 10601 et seq.
D. 
No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided under Article I of this chapter.
E. 
Regardless of the existence of purported copies of the Official Zoning Map, which may from time to time be made or published, the Official Zoning Map which shall be located in the office of the Township Board of Supervisors shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the Township.
F. 
Replacement of the Official Zoning Map.
(1) 
In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of change and additions, the Township Board of Supervisors may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map shall be identified by the signature of the Chairman of the Township Board of Supervisors, attested by the Township Secretary and bearing the Seal of the Township under the following words: "This is to certify that this is the Official Zoning Map, adopted March 10, 2015, as part of Ordinance No. 152 of the Township of Lower Towamensing, Carbon County, Pennsylvania."
(2) 
Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment.

§ 450-21 Interpretation of district boundaries.

Where uncertainty exists as to the boundaries of the districts shown on the Official Zoning Map, the following rules shall apply:
A. 
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines;
B. 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
C. 
Boundaries indicated as approximately following Township limits shall be construed as following Township limits;
D. 
Boundaries indicated as approximately following the center lines of streams, rivers or other bodies of water shall be construed to follow such center lines;
E. 
Boundaries indicated as parallel to or extensions of features indicated in Subsections A through D above shall be so construed;
F. 
Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map;
G. 
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 Subsections A through F, above, the Zoning Officer shall interpret the district boundaries.

§ 450-22 Use adjustment on district boundaries.

Where a district boundary line divides a lot existing at the time of passage of this chapter, the property owner may extend the district regulations for either portion of the lot to extend for a distance not to exceed 50 feet beyond the district boundary line into the remaining portion of the lot.