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North Franklin Township Washington County
City Zoning Code

ARTICLE I

General Provisions

§ 460-101 Title.

This chapter is known as the "North Franklin Township Zoning Ordinance."

§ 460-102 When effective.

This article will become effective upon the date of enactment by the North Franklin Township Board of Supervisors.

§ 460-103 Purpose; authority.

A. 
The North Franklin Township adopted its first Comprehensive Plan, the North Franklin Township Comprehensive Plan, in its entirety on May 23, 1995. This document was updated and subsequently adopted by North Franklin Township in 2014 as part of Township participation in the Multimunicipal Comprehensive Plan with Canton Township, West Middletown Borough and Hopewell Township. This chapter was prepared and adopted to accomplish the Township's community development goals and objectives established as part of the Comprehensive Plan.
B. 
The Township has the authority to create a zoning ordinance by the power vested in it as a Township of the Second Class under the Pennsylvania Municipalities Planning Code (MPC), Act of 1968, P.L. 805, No. 247, as reenacted and amended. The provisions of this chapter are designed to accomplish the zoning purposes established within Article VI, Zoning Section 604 of the MPC:[1]
(1) 
To promote, protect, and facilitate any or all of the following: the public health, safety, morals, and general welfare; coordinated and practical community development and proper density of population; emergency management preparedness and operations, airports, and national defense facilities; the provisions of adequate light and air, access to incident solar energy; police protection, vehicle parking and loading space, transportation, water, sewerage, schools, recreational facilities, public grounds, the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use, and other public requirements; as well as preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains.
(2) 
To prevent one or more of the following: overcrowding of land, blight, danger and congestions in travel and transportations, loss of health, life or property from fire, flood, panic or other dangers.
(3) 
To preserve prime agriculture and farmland considering topography, soil type and classifications and present use.
(4) 
To provide for the use of land within the municipality for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and two-family dwellings, and a reasonable range of multifamily dwellings in various arrangements, mobile homes and mobile home parks; provided, however, that no zoning ordinance shall be deemed invalid for the failure to provide for any other specific dwelling type.
(5) 
To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.
[1]
Editor's Note: See 53 P.S. § 10604.

§ 460-104 Statement of community development objectives.

This chapter is based on the full and complete statement of community development goals and objectives as presented in the Comprehensive Plan. A summary of the major community development goals and objectives are included in this chapter; however, for a complete understanding of the intent by the language, the reader is referred to the Comprehensive Plan.
A. 
Maintain and enhance the current quality of life in North Franklin Township.
B. 
Protect the existing neighborhood to provide a small-town atmosphere with a friendly, family-oriented population.
C. 
Improve access to major highways to promote economic development within the Township.
D. 
Protect the natural beauty of the Pennsylvania-American Water Company No. 3 and No. 4 Reservoirs by adopting protective measures in accordance with the Township's development goals for the area.
E. 
Develop appropriate land use controls to ensure future land development throughout the Township will maintain and improve the Township's character and appearance.
F. 
Continue to provide good public safety measures.
G. 
Maximize development opportunities in vacant areas adjacent to existing neighborhoods with access to public water and wastewater facilities.
H. 
Permit large lot development (10 acres), or development in planned residential development, in the McElree Road/Scenic Drive area when the developer can demonstrate that adequate utilities can be provided and that the road system is adequate to handle traffic generated by the development.
I. 
Allow for the reasonable expansion of existing commercial areas, and create a mixed-use development district to allow a mix of office park, hotels, hotel with convention center, and high-density housing uses.
J. 
Promote the growth of light industries with a minimal impact on the environment at suitable sites with adequate access along major highways: I-70, US 40, and PA Route 18.
K. 
Encourage the utilization of property in the Route 18/Van Kirk Road area for airport-related light industrial development.
L. 
Conserve working farms in the approach zones to the airport until such time when the owners no longer desire to pursue farming interests.
M. 
Discourage new tax-exempt uses from locating in the Township, or the expansion of the existing tax-exempt uses.
N. 
Preserve agricultural uses in the southeastern portion of the Township.
O. 
Educate the community about planning and the Township's role in providing good land use controls.
P. 
Review and amend, if necessary, the Township's land development regulations to accommodate the stated land use goals and objectives.

§ 460-105 Zoning Map.

A map entitled "North Franklin Township Zoning Map" is hereby adopted as part of this chapter and is incorporated herein by reference. The Zoning Map shall be kept on file and be available for examination at the Township Building. The map shall be signed and attested to by the Township Secretary and shall bear the Seal of the Township. All amendments affecting district boundaries shall be noted on the map by the Township Engineer, including date of adoption, and shall be attested to by the Township Secretary.

§ 460-106 Zoning Districts.

A. 
The Township is divided into the districts set forth by this chapter and as shown by the district boundaries on the Zoning Map. The districts are:
R-1
Residential-Agricultural District
R-2
Low-Density Residential District
R-3
Medium-Density Residential District
C-1
Neighborhood Commercial District
C-2
Regional Commercial District
C-3
Highway Commercial District
C-4
Mixed-Use Commercial Development District
I-1
Industrial District.
B. 
In addition, the following overlay districts are created:
F
Floodplain Overlay District
AH
Airport Hazard Overlay Districts

§ 460-107 District boundaries.

The boundaries of said districts shall be as shown on the North Franklin Township Zoning Map, incorporated by the reference in this chapter. The boundaries between districts are the center lines of streets, alleys, railroad right-of-ways, streams or such lines extended, or lines parallel thereto, or concentric therewith, or property lines when proximate thereto, or may be lines otherwise indicated on the Zoning Map. Any person aggrieved by the interpretation of the Zoning Map by the Zoning Officer concerning the location of the district boundaries may appeal under Section 1504 to the Zoning Hearing Board and the Board shall determine the location of the district boundary.

§ 460-108 District regulations.

The general regulations apply in all zoning districts:
A. 
Any use not expressly listed for a district is prohibited in that district, unless authorized by special exception as a comparable use not specifically listed in §§ 460-901C(4), 460-902C(4), and 460-903C(4) and is in accordance with standards and provisions stated in § 460-1312.
B. 
Accessory structures which are normally accessory to principal structures or uses authorized by conditional use shall be permitted by right.
C. 
On farms, authorized principal farm structures may occupy the same lot as the principal dwelling. In all other cases, single-family dwellings and two-family dwellings shall be the only principal buildings on a lot.
D. 
In districts where authorized, principal farm structures may occupy the same lot as the principal dwelling. In all other cases, single-family dwellings and two-family dwellings shall be the only principal buildings on a lot.
E. 
In all commercial districts, the Planned Economic Development District, and the Industrial District, more than one building may be proposed on a single lot, subject to approval of the land development plan by the Township.
F. 
Applications for permitted uses and conditional uses shall be reviewed in accordance with the procedures specified in Article XVI.

§ 460-109 Compliance.

A. 
No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, or enlarged, nor shall any structure or land be used, or designed to be used, or occupied, except in full compliance with all the provisions of this chapter and after the lawful issuance of all permits and certifications required by this chapter.
B. 
Any use not specifically listed in a zoning district is not permitted in that district unless authorized by conditional use as a use not specifically listed under §§ 460-901C(4), 460-902C(4), and 460-903C(4) and is in accordance with standards and provisions stated in § 460-1312.

§ 460-110 Interpretation.

A. 
In their interpretation and application, the provisions of this chapter shall be considered minimum requirements adopted for the promotion of the health, safety, morals and general welfare of the public.
B. 
In the event of conflicts between the provisions of this chapter and any other ordinance or regulation, the more restrictive provision shall apply.

§ 460-111 Severability.

If any provisions of this chapter, or the application of any provisions to particular circumstances, is held invalid, the remainder of this chapter, or the application of such provision to other circumstances, shall not be affected.

§ 460-112 Repealer.

Should any section or provision of any ordinance or ordinances conflict with the provisions of this chapter, the earlier ordinances are hereby repealed insofar as they effect this chapter.

§ 460-113 Filing.

This chapter, including the Zoning Map, together with any succeeding amendments thereto, shall be on file and may be viewed by any interested party in the municipal offices of North Franklin Township.