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North Middleton Township Cumberland County
City Zoning Code

ARTICLE II

Zone Regulations

§ 204-13 Agricultural Zone (AG).

A. 
Purpose. The primary purpose of this zone is to promote and encourage the continuation of agricultural activities and related support businesses in those areas most suitable for such activities. Consequently, residential uses are generally secondary and limited, and any future inhabitants in this zone must be willing to accept the impacts associated with normal farming practices and related support businesses. This zone also acknowledges the rural and agrarian character of the area, characterized by a mixture of farms, sparsely developed residential uses, and rural businesses; this zone will continue this development trend. These areas are not likely to be served by public sewer or water facilities.
B. 
Permitted uses. Only the following uses listed in Table 204-13A are permitted within this zone, provided that in addition to the specific criteria for certain uses established in Article IV and all applicable general provisions in Article III are met. Uses permitted by special exception are subject to the approval by the Zoning Hearing Board pursuant to a public hearing set forth with the provisions of Article VI. Uses permitted by conditional use are subject to approval by the Board of Supervisors pursuant to a public hearing set forth with the provisions of Article VII.
[Amended 7-15-2020 by Ord. No. 2021-01; 8-15-2024 by Ord. No. 2024-01]
Table 204-13A
Permitted Uses
Agricultural Zone (AG)
Use
Specific Criteria
Permitted by
Right
Special Exception
Conditional Use
Agricultural/Forestry
Airstrips
N/A
X
Agribusiness
X
Agriculture (excluding agribusiness)
X
Forestry
X
Natural areas or wildlife refuges
N/A
X
Riding schools and stables
X
Residential
Bed-and-breakfasts
X
Flag lot residences
X
Group homes
X
Single-family detached dwellings
N/A
X
Nonresidential
Animal hospitals/veterinary offices
X
Communication antennas, towers and equipment
X
Kennels, commercial
X
Principal solar energy system
X
Large wind energy production facility
X
Municipal-owned uses
N/A
X
Place of worship
X
Public/private utility building or structure
X
Riding schools and horse boarding stables
X
Schools, public or private
X
Shooting range, indoor
N/A
X
Accessory
Accessory structures and uses customarily incidental to the above permitted uses
N/A
X
Day care, accessory
X
Day care, family
X
Farm occupations
X
Home occupations
X
No-impact home occupation
X
Noncommercial keeping of livestock
X
Roadside stand
X
Rural occupations
X
Temporary farm employee housing
X
N/A — Not applicable
C. 
Locational criteria. Applications for subdivision or land development shall be accompanied by the following information. The following information is required to allow the Township to ensure that the highest quality farmland is protected, and to ensure that new development affects agricultural operations to the minimum extent feasible. Unless otherwise required by Chapter 180, Subdivision and Land Development, the following information is not required for proposed subdivisions comprised of the lesser of 10 lots or 15% of the parent tract, as of the effective date of this chapter:
(1) 
The size, shape, contour and dimensions of the property and the size, use and location of all existing buildings.
(2) 
All lots previously approved.
(3) 
Land under active cultivation, land used as pasture, and forested land or land within woodlots.
(4) 
Soil information for the property, including soil series and soil capability class, subclass, and unit, as classified within the most recent Soil Survey of Cumberland County, Pennsylvania and Agricultural Handbook 210 of the United States Department of Agriculture Natural Resources Conservation Service.
(5) 
The size, shape, contour, dimension, location, and use of all proposed lots, buildings and on-lot sewage disposal lots. The developer shall demonstrate that the following location and design considerations have been fully addressed:
(a) 
All uses or lots shall be established on non-prime agricultural land (Soil Capability Classes IV–VIII), when such land is available, or on lands which cannot feasibly be farmed, due to existing features of the site such as rock outcroppings or heavily wooded areas, or due to the fact that the size and/or shape of an area suitable for farming is insufficient to permit the efficient use of farm machinery.
(b) 
Where a property is comprised entirely of prime agricultural land (Soil Capability Classes I, II, and III), the least suitable land shall be utilized for the development.
(c) 
Where all non-prime agricultural land areas have been shown by the developer to be unsuitable for development because of slope, drainage, flooding, sewage disposal, or other characteristics, the least suitable remaining farmland shall be utilized for development.
(d) 
Lots and uses shall be grouped, where possible, adjacent to other similar lots and uses, both within the subject property and in consideration of adjacent properties, to avoid a scattering of development.
(e) 
Wherever feasible, lots shall be located such that disturbance of slopes greater than 15% is minimized.
(f) 
Wherever feasible, lots shall be located such that disturbance to existing hedgerows, orchards, and other significant native vegetation is minimized.
D. 
Area and design requirements. Unless further specified in the specific criteria for certain uses established in Article IV and all applicable general provisions in Article III are met, all new permitted uses within this zone shall comply with the following area and building dimensional requirements set forth in Table 204-13B.[1]
[1]
Editor's Note: Table 204-13B is included as an attachment to this chapter.
E. 
Compliance with other standards of this chapter. All uses shall comply with all applicable provisions contained within:
(1) 
Overlay zones set forth herein Article II.
(a) 
Floodplain Overlay Zone (§ 204-21).
(b) 
Historic Resources Overlay Zone (§ 204-23).
(2) 
Article III, General Provisions.
(3) 
Article IV, Specific Criteria.

§ 204-14 Rural Resource Zone (RR).

A. 
Purpose. This zone is meant to encourage the continued use of the land for rural, forest, and agricultural purposes, and to permit low-density residential development which will not require extensive public services or facilities. This area is not meant to support intensive agricultural operations. Areas of the Township classified as rural resource are, for the most part, not served by public utilities and are rural, forested, or agricultural in nature. These areas are designed to support rural-style living and development, and are designated separately from the agriculture classification because they are either predominantly wooded, or are located in proximity to existing or planned residential areas. They are not intended to encourage large influxes of residential growth.
B. 
Permitted uses. Only the following uses listed in Table 204-14A are permitted within this zone, provided that, in addition, the specific criteria for certain uses established in Article IV and all applicable general provisions in Article III are met. Uses permitted by special exception are subject to the approval by the Zoning Hearing Board pursuant to a public hearing set forth with the provisions of Article VI. Uses permitted by conditional use are subject to approval by the Board of Supervisors pursuant to a public hearing set forth with the provisions of Article VII.
[Amended 8-15-2024 by Ord. No. 2024-01]
Table 204-14A
Permitted Uses
Rural Resource Zone (RR)
Use
Specific Criteria
Permitted by
Right
Special Exception
Conditional Use
Agricultural/Forestry
Agriculture (excluding agribusiness)
X
Forestry
X
Natural areas or wildlife refuges
N/A
X
Riding schools and stables
X
Residential
Bed-and-breakfasts
X
Flag lot residences
X
Group homes
X
Single-family detached dwellings
N/A
X
Nonresidential
Airports/airpads/heliports/ helipads
X
Animal hospitals/veterinary offices
X
Campgrounds and recreational vehicle parks
X
Cemetery
X
Club, clubhouse or lodge, meeting grounds - private
X
Commercial recreation, outdoor
X
Communication antennas, towers and equipment
X
Convention centers
Golf courses
X
Kennels, commercial
X
Principal solar energy system
X
Large wind energy production facility
X
Mineral extraction and recovery establishments
X
Municipal owned uses
N/A
X
Outdoor shooting ranges
X
Parks, playgrounds, and other noncommercial recreational uses
X
Place of worship
X
Public/private utility building or structure
X
Sawmills
X
Schools, public or private
X
Shooting range, indoor
N/A
X
Accessory
Accessory structures and uses customarily incidental to the above permitted uses
N/A
X
Day care, accessory
X
Day care, family
X
Farm occupations
X
Home occupations
X
No-impact home occupation
X
Noncommercial keeping of livestock
X
Roadside stand
X
Rural occupations
X
N/A — Not applicable
C. 
Area and design requirements. Unless further specified in the specific criteria for certain uses established in Article IV and all applicable general provisions in Article III are met, all new permitted uses within this zone shall comply with the following area and building dimensional requirements set forth in Table 204-14B.[1]
[1]
Editor's Note: Table 204-14B is included as an attachment to this chapter.
D. 
Compliance with other standards of this chapter. All uses shall comply with all applicable provisions contained within:
(1) 
Overlay zones set forth herein Article II.
(a) 
Floodplain Overlay Zone (§ 204-21).
(b) 
Historic Resources Overlay Zone (§ 204-23).
(2) 
Article III, General Provisions.
(3) 
Article IV, Specific Criteria.

§ 204-15 Low-/Medium-Density Residential Zone (R-1).

A. 
Purpose. This zone is meant to accommodate suburban detached residential growth within the Township. This zone coincides with availability of sewer and water utility service areas; however, the actual availability of these services is likely to occur at different times, in different areas. As a result, permitted densities have been adjusted according to the availability of these public utilities.
B. 
Permitted uses. Only the following uses listed in Table 204-15A are permitted within this zone, provided that, in addition, the specific criteria for certain uses established in Article IV and all applicable general provisions in Article III are met. Uses permitted by special exception are subject to the approval by the Zoning Hearing Board pursuant to a public hearing set forth with the provisions of Article VI. Uses permitted by conditional use are subject to approval by the Board of Supervisors pursuant to a public hearing set forth with the provisions of Article VII.
Table 204-15A
Permitted Uses
Low-/Medium-Density Residential Zone (R-1)
Use
Specific Criteria
Permitted by
Right
Special Exception
Conditional Use
Agricultural/Forestry
Agriculture (excluding agribusiness)
X
Forestry
X
Residential
Bed-and-breakfasts
X
Flag lot residences
X
Group homes
X
Long-term-care nursing home or personal-care facility
X
Single-family detached dwellings
N/A
X
Nonresidential
Communication antennas and equipment only
X
Golf courses
X
Municipal-owned uses
N/A
X
Parks, playgrounds, and other noncommercial recreational uses
X
Place of worship
X
Public/private utility building or structure
X
Schools, public or private
X
Accessory
Accessory structures and uses customarily incidental to the above permitted uses
N/A
X
Day care, accessory
X
Day care, family
X
Home occupations
X
No-impact home occupation
X
Roadside stand
X
N/A — Not applicable
C. 
Area and design requirements. Unless further specified in the specific criteria for certain uses established in Article IV and all applicable general provisions in Article III are met, all new permitted uses within this zone shall comply with the following area and building dimensional requirements set forth in Table 204-15B.[1]
[1]
Editor's Note: Table 204-15B is included as an attachment to this chapter.
D. 
Compliance with other standards of this chapter. All uses shall comply with all applicable provisions contained within:
(1) 
Overlay Zones set forth herein Article II.
(a) 
Floodplain Overlay Zone (§ 204-21).
(b) 
Historic Resources Overlay Zone (§ 204-23).
(2) 
Article III, General Provisions.
(3) 
Article IV, Specific Criteria.

§ 204-16 Medium-/High-Density Residential Zone (R-2).

A. 
Purpose. This zone seeks to accommodate the higher-density housing needs of the Township. A wide range of housing types are encouraged with densities exceeding those permitted elsewhere in the Township. These zones are located around existing multifamily developments and major transportation routes. Both public sewer and water facilities can be made available to these areas.
B. 
Permitted uses. Only the following uses listed in Table 204-16A are permitted within this zone, provided that in addition to the specific criteria for certain uses established in Article IV and all applicable general provisions in Article III are met. Uses permitted by special exception are subject to the approval by the Zoning Hearing Board pursuant to a public hearing set forth with the provisions of Article VI. Uses permitted by conditional use are subject to approval by the Board of Supervisors pursuant to a public hearing set forth with the provisions of Article VII.
Table 204-16A
Permitted Uses
Medium-/High-Density Residential Zone (R-2)
Use
Specific Criteria
Permitted by
Right
Special Exception
Conditional Use
Agricultural/Forestry
Agriculture (excluding agribusiness)
X
Forestry
X
Residential
Bed-and-breakfasts
X
Continuing care retirement community facility
X
Flag lot residences
X
Group homes
X
Long-term-care nursing home or personal care facility
X
Mobile home parks
X
Multifamily dwellings/apartments
X
Multiunit residential conversions
X
Single-family attached dwellings
X
Single-family detached dwellings
N/A
X
Single-family semidetached dwellings
X
Two-family detached dwellings
X
Nonresidential
Communication antennas and equipment only
X
Golf courses
X
Municipal-owned uses
N/A
X
Parks, playgrounds, and other noncommercial recreational uses
X
Place of worship
X
Public/private utility building or structure
N/A
X
Schools, public or private
X
Accessory
Accessory structures and uses customarily incidental to the above permitted uses
N/A
X
Day care, accessory
X
Day care, family
X
Home occupations
X
No-impact home occupation
X
Roadside stand
X
N/A — Not applicable
C. 
Area and design requirements. Unless further specified in the specific criteria for certain uses established in Article IV and all applicable general provisions in Article III are met, all new permitted uses within this zone shall comply with the following area and building dimensional requirements set forth in Table 204-16B.[1]
[1]
Editor's Note: Table 204-16B is included as an attachment to this chapter.
D. 
Compliance with other standards of this chapter. All uses shall comply with all applicable provisions contained within:
(1) 
Overlay zones set forth herein Article II.
(a) 
Floodplain Overlay Zone (§ 204-21).
(b) 
Airport Overlay Zone (§ 204-22).
(c) 
Historic Resources Overlay Zone (§ 204-23).
(2) 
Article III, General Provisions.
(3) 
Article IV, Specific Criteria.

§ 204-17 Village Mixed-Use Zone (VMU).

A. 
Purpose. The purpose of this zone is to provide for a mix of different types of residential and neighborhood commercial uses in a traditional village-type setting. This zone includes those areas where there is currently a mix of residential and business-type uses. The locations of the village/mixed-use areas are convenient for the residents in the surrounding neighborhoods, and as such, are intended to encourage them to support the businesses in the village areas. Uses have been limited to those that residents are likely to need on a daily or regular basis. Overall, retail size has been restricted to prevent the establishment of intensive commercial uses that exceed the local orientation of this zone. These zones have been sized to permit a grouping of several businesses at locations efficiently serving several residential neighborhoods, simultaneously.
B. 
Permitted uses. Only the following uses listed in Table 204-17A are permitted within this zone, provided that, in addition, the specific criteria for certain uses established in Article IV and all applicable general provisions in Article III are met. Uses permitted by special exception are subject to the approval by the Zoning Hearing Board pursuant to a public hearing set forth with the provisions of Article VI. Uses permitted by conditional use are subject to approval by the Board of Supervisors pursuant to a public hearing set forth with the provisions of Article VII.
Table 204-17A
Permitted Uses
Village Mixed-Use Zone (VMU)
Use
Specific Criteria
Permitted by
Right
Special Exception
Conditional Use
Agricultural/Forestry
Agriculture (excluding agribusiness)
X
Forestry
X
Residential
Bed-and-breakfasts
X
Boardinghouse
X
Continuing care retirement community facility
X
Flag lot residences
X
Group homes
X
Long-term-care nursing home or personal care facility
X
Multifamily dwellings/apartments
X
Multiunit residential conversions
X
Single-family attached dwellings
X
Single-family detached dwellings
N/A
X
Single-family semidetached dwellings
X
Two-family detached dwellings
X
Nonresidential
Animal hospitals/veterinary offices
X
Clinic, medical
N/A
X
Club, clubhouse or lodge, meeting grounds - private
X
Communication antennas and equipment only
X
Contractors' office (excluding storage yard)
N/A
X
Copy shop/business service
N/A
X
Craftsman/artisan studio
N/A
X
Day care, commercial
X
Financial institution
N/A
X
Food service facility
N/A
X
Funeral homes
X
Laundry and dry-cleaning establishment (personal)
N/A
X
Library
N/A
X
Massage therapy
N/A
X
Municipal-owned uses
N/A
X
Office, business professional
N/A
X
Office, medical
N/A
X
Parks, playgrounds, and other noncommercial recreational uses
X
Personal service business
N/A
X
Place of worship
X
Post office
N/A
X
Public/private utility building or structure
X
Restaurants
N/A
X
Retail business
N/A
X
Schools, commercial
X
Schools, public or private
X
Taverns/bars
X
Accessory
Accessory apartments
X
Accessory uses customarily incidental to the above permitted uses
N/A
X
Automated banking facilities
X
Day care, accessory
X
Day care, family
X
Home occupations
X
No-impact home occupation
X
Outdoor cafe/dining
X
Outside display and sales
X
Roadside stand
X
N/A — Not applicable
C. 
Area and design requirements. Unless further specified in the specific criteria for certain uses established in Article IV and all applicable general provisions in Article III are met, all new permitted uses within this zone shall comply with the following area and building dimensional requirements set forth in Table 204-17B.[1]
(1) 
Required front building setback.
(a) 
Unless otherwise noted herein this subsection below, for a lot proposed for development, the distance the front facade of the principal building is set back from the street right-of-way shall generally be similar to those distances between existing principal buildings on the abutting lots and the abutting street right-of-way in accordance with the following standard:
[1] 
Identify the existing principal buildings on the lots abutting the lot proposed for development.
[2] 
Using these results, calculate the average setback distance between the existing principal buildings on the abutting lots and the street rights-of-way line.
[a] 
If an abutting lot is vacant, the required setback of the abutting vacant lot shall be assumed to be the minimum front setback standard defined in the underlying zone district in which it is situated.
[b] 
For corner lots, the standards set forth in this subsection above shall be calculated using each abutting lot, which includes those abutting lots having frontage on and the existing principal buildings oriented toward the intersecting street.
[3] 
The required front building setback for the building on the lot proposed for development shall be the average setback distance calculated in Subsection C(1)(a)[1] and [2] above, which may be adjusted by not more 15%, unless all buildings on the abutting lots have the same setback distance.
[a] 
Front building facades and/or covered front porches shall be permitted to fulfill this requirement.
[4] 
However, no building shall extend into any street right-of-way.
[5] 
Otherwise, the building on the lot proposed for development shall comply with all front setback standards defined in the underlying zone district in which it is situated.
(2) 
Building footprint. Unless otherwise noted herein this subsection below, for a lot proposed for development, the building footprint of the principal building shall be similar to those for existing principal buildings on abutting lots in accordance with the following standard:
(a) 
Building footprints shall respect and maintain the development pattern and context of the principal buildings on the abutting lots, and when feasible, should incorporate the scale and character of the majority of the existing principal buildings on the same shared block face (between two intersecting streets) along the same side of the street.
(3) 
Building orientation. Unless otherwise noted herein the subsections below, for a lot proposed for development, the orientation or location of a front entrance (door) and windows for the principal building shall be similar to those building orientations for existing principal buildings on abutting lots in accordance with the following standard:
(a) 
Interior lots. Principal buildings shall have their primary front facades provided with a front entrance (door) and windows oriented toward and facing the public street right-of-way.
(b) 
Corner lots. Principal buildings on lots abutting more than one public street shall have their primary front facades provided with a front entrance (door) and windows oriented towards and facing (in order of preference):
[1] 
The corner; or
[2] 
The street right-of-way upon which the majority of the principal buildings on the adjacent lots are oriented towards.
(4) 
Lot access: See Figure 1 below. This figure graphically represents the recommendations of this section. Unless otherwise noted herein the subsections below, for a lot proposed for development, lot access (driveways and access drives) shall be provided in accordance with the following standard:
(a) 
Lots abutting alleys.
[1] 
Lot access shall be provided at the rear of lots for lots abutting alleys.
[2] 
Lot access shall not be taken from the front of the property for lots abutting alleys.
[3] 
No lot access shall be provided along a public street for lots abutting alleys.
(b) 
Lots: general recommendations.
[1] 
Along arterial or collector streets as provided in § 204-39 of this chapter, all principal nonresidential uses within the VMU Zone shall be encouraged to share access with an abutting property within the VMU Zone. When access is available on an abutting property, the applicant may use this access, as outlined in Subsection C(4)(b)[1][a] below. If joint use access cannot be provided by an existing lot access on an abutting property, the applicant is encouraged to provide access in a way that maximizes the potential for joint use access in the future, as outlined in Subsection C(4)(b)[1][b] below.
[a] 
Joint use access via existing access drives.
[i] 
When the nearest edge of an existing access drive on an abutting nonresidential property in the VMU Zone with frontage on the same arterial or collector street is within 50 feet of the applicant's tract, the applicant's tract may utilize the access drive on the abutting tract as a joint use access drive, provided a cross-access easement granting access to the applicant's tract has been recorded.
[ii] 
Joint use access may be located entirely on one lot or may be split along a common lot line.
[b] 
Joint use access via a new access drive on the property.
[i] 
Where feasible, the joint use access drive shall be located on a side lot line bordering a property in the VMU Zone for future shared access.
[ii] 
The location of the access drive intersection with the street and the cross-access easement connection to the closest adjacent lot shall be subject to approval of the Township based on the access drive's ability to minimize the need for future access drives, preserve existing buildings, and/or maximize the distance from existing street and access drive intersections, including consideration of safe sight distances.
[iii] 
Parking lot entranceways taking access from existing or future joint use access drives shall generally be located in the rear or side yard behind the front facade of the principal building and shall not be located in the front yard. Parking shall not be permitted along joint use access drives between the street right-of-way line and the rear edge of the cross-access easement granting access to the abutting lot.
(c) 
Each nonresidential use may provide cross-access easements in accordance with § 204-32B(9) of this chapter, for its parking aisles and access drives permitting access and use to all abutting lots within the VMU Zone.
[1] 
When applicable, the applicant shall be responsible to prepare the cross-access easements and submit to the Township Solicitor for review. The cross-access easements shall be recorded at the Cumberland County Recorder of Deeds' Office, or if part of a subdivision or land development plan, recorded with the plan.
Figure 1
204 Fig 1.tif
Source: General Commercial District: Creating Commercial Areas with Character; Montgomery County Planning Commission, 2008.
(d) 
Off-street parking and loading.
[1] 
Unless otherwise noted herein this subsection below, for a lot proposed for development, parking shall be provided in accordance with the following standard:
[a] 
Off-street parking and loading location.
[i] 
Required off-street parking (lots and areas) and loading facilities shall generally be located in the rear or side yard behind the front facade of the principal building. However, off-street parking and loading for nonresidential, multifamily dwellings/apartments, single- family attached, or mixed uses, shall not be located in the front yard.
[ii] 
Off-street parking areas and loading facilities for nonresidential, multifamily dwellings/apartments, single-family attached, or mixed uses on corner lots, on or adjacent to the intersection of two streets shall maintain all necessary clear-sight triangles and comply with applicable yard requirements of the underlying zoning district in which they are located. For corner lots, the distance from the center line of the parking lot entrance to the curbline or pavement edge of the street intersection shall be adequate to, in the opinion of the Township, provide a safe and sufficient margin for normal traffic patterns and pedestrians at or about the intersection in question.
(5) 
Hours of operation. For proposed nonresidential and/or mixed use developments, the hours of operation and activities must be appropriately scheduled to protect the existing neighborhood and residential uses from detrimental noise, disturbance or interruption. Hours of operation for nonresidential uses shall be from 7:00 a.m. to 11:00 p.m.
[1]
Editor's Note: Table 204-17B is included as an attachment to this chapter.
D. 
Compliance with other standards of this chapter. All uses shall comply with all applicable provisions contained within:
(1) 
Overlay zones set forth herein Article II.
(a) 
Floodplain Overlay Zone (§ 204-21).
(b) 
Airport Overlay Zone (§ 204-22).
(c) 
Historic Resources Overlay Zone (§ 204-23).
(2) 
Article III, General Provisions.
(3) 
Article IV, Specific Criteria.

§ 204-18 Neighborhood Commercial Zone (NC).

A. 
Purpose. The purpose of this zone is to provide basic convenience commercial goods and services to local residents. Uses have been limited to those that residents are likely to need on a daily or regular basis. Overall, retail size has been restricted to prevent the establishment of intensive commercial uses that exceed the local orientation of this zone. These zones have been sized to permit a grouping of several businesses at locations efficiently serving several residential neighborhoods, simultaneously. Finally, several larger and more intensive uses have been allowed because of their provision of commercial conveniences for local residents; however, numerous protective requirements have been imposed to protect adjoining land uses.
B. 
Permitted uses. Only the following uses listed in Table 204-18A are permitted within this zone, provided that in addition to the specific criteria for certain uses established in Article IV and all applicable general provisions in Article III are met. Uses permitted by special exception are subject to the approval by the Zoning Hearing Board pursuant to a public hearing set forth with the provisions of Article VI. Uses permitted by conditional use are subject to approval by the Board of Supervisors pursuant to a public hearing set forth with the provisions of Article VII.
Table 204-18A
Permitted Uses Table
Neighborhood Commercial Zone (NC)
Use
Specific Criteria
Permitted by
Right
Special Exception
Conditional Use
Agricultural/Forestry
Agriculture (excluding agribusiness)
X
Forestry
X
Residential
Bed-and-breakfasts
X
Boardinghouses
X
Flag lot residences
X
Group homes
X
Multifamily dwellings/apartments
X
Multiunit residential conversions
X
Single-family attached dwellings
X
Single-family detached dwellings
N/A
X
Single-family semidetached dwellings
X
Two-family detached dwellings
X
Nonresidential
Animal hospitals/veterinary offices
X
Auction house
N/A
X
Automobile filling and/or service station
X
Clinic, medical
N/A
X
Club, clubhouse or lodge - private
X
Communication antennas and equipment only
X
Commercial recreation, indoor
X
Convenience store
N/A
X
Contractors' office (excluding storage yard)
N/A
X
Copy shop/business service
N/A
X
Craftsman/artisan studio
N/A
X
Day care, commercial
X
Financial institution
N/A
X
Food service facility
N/A
X
Funeral homes
X
Laundry and dry-cleaning establishment (personal)
N/A
X
Library
N/A
X
Massage therapy
N/A
X
Municipal-owned uses
N/A
X
Office, business professional
N/A
X
Office, medical
N/A
X
Parks, playgrounds, and other noncommercial recreational uses
X
Personal service business
N/A
X
Place of worship
X
Post office
N/A
X
Public/private utility building or structure
N/A
X
Recycling business/center - household waste
N/A
X
Restaurants
N/A
X
Retail business
N/A
X
Schools, commercial
X
Schools, public or private
X
Shopping centers
X
Taverns/bars
X
Accessory
Accessory apartments
X
Accessory uses customarily incidental to the above permitted uses
N/A
X
Automated banking facilities
X
Day care, accessory
X
Day care, family
X
Drive-through facilities for permitted uses
X
Home occupations
X
No-impact home occupation
X
Outdoor cafe/dining
X
Outside display and sales
X
Roadside stand
X
N/A — Not applicable
C. 
Area and design requirements. Unless further specified in the specific criteria for certain uses established in Article IV and all applicable general provisions in Article III are met, all new permitted uses within this zone shall comply with the following area and building dimensional requirements set forth in Table 204-18B.[1]
(1) 
Building footprint. Unless otherwise noted herein the subsection below, for a lot proposed for development, the building footprint of the principal building shall be similar to those for existing principal buildings on abutting lots in accordance with the following standard:
(a) 
Building footprints shall respect and maintain the development pattern and context of the principal buildings on the abutting lots, and when feasible, should incorporate the scale and character of the majority of the existing principal buildings on the same shared block face (between two intersecting streets) along the same side of the street.
(2) 
Lot access. See Figure 1 in the Village Mixed-Use District. This figure graphically represents the recommendations of this section. Unless otherwise noted herein the subsection below, for a lot proposed for development, lot access (driveways and access drives) shall be provided in accordance with the following standard:
(a) 
Lots abutting alleys.
[1] 
Lot access shall be provided at the rear of lots for lots abutting alleys.
[2] 
Lot access shall not be taken from the front of the property for lots abutting alleys.
[3] 
No lot access shall be provided along a public street for lots abutting alleys.
(b) 
Lots general recommendations.
[1] 
Along arterial or collector streets as provided in § 204-39 of this chapter, all principal nonresidential uses within the NC Zone shall be encouraged to share access with an abutting property within the NC Zone. When access is available on an abutting property, the applicant may use this access, as outlined in Subsection C(2)(b)[1][a] below. If joint use access cannot be provided by an existing lot access on an abutting property, the applicant is encouraged to provide access in a way that maximizes the potential for joint use access in the future, as outlined in Subsection C(2)(b)[1][b] below.
[a] 
Joint-use access via existing access drives.
[i] 
When the nearest edge of an existing access drive on an abutting nonresidential property in the NC Zone with frontage on the same arterial or collector street is within 50 feet of the applicant's tract, the applicant's tract may utilize the access drive on the abutting tract as a joint-use access drive, provided a cross-access easement granting access to the applicant's tract has been recorded.
[ii] 
Joint-use access may be located entirely on one lot or may be split along a common lot line.
[b] 
Joint-use access via a new access drive on the property.
[i] 
Where feasible, the joint-use access drive shall be located on a side lot line bordering a property in the NC Zone for future shared access.
[ii] 
The location of the joint-use access drive intersection with the street and the cross-access easement connection to the closest adjacent lot shall be subject to approval of the Township based on the access drive's ability to minimize the need for future access drives, preserve existing buildings, and/or maximize the distance from existing street and access drive intersections, including consideration of safe sight distances.
[iii] 
Parking lot entranceways taking access from existing or future joint use access drives shall generally be located in the rear or side yard behind the front facade of the principal building and shall not be located in the front yard. Parking shall not be permitted along shared access drives between the street right-of-way line and the rear edge of the cross-access easement granting access to the abutting lot.
(c) 
Each nonresidential use may provide cross-access easements in accordance with § 204-32B(9) of this chapter, for its parking aisles and access drives permitting access and use to all abutting lots within the NC Zone.
[1] 
When applicable, the applicant shall be responsible to prepare the cross-access easements and submit to the Township Solicitor for review. The cross-access easements shall be recorded at the Cumberland County Recorders' Office, or if part of a subdivision or land development plan, recorded with the plan.
(d) 
Off-street parking and loading. Unless otherwise noted herein this subsection below, for a lot proposed for development, parking shall be provided in accordance with the following standard:
[1] 
Off-street parking and loading location.
[a] 
Required off-street parking (lots and areas) and loading facilities shall generally be located in the rear or side yard behind the front facade of the principal building. However, off-street parking and loading for nonresidential, multifamily dwellings/apartments, single-family attached, or mixed uses, shall not be located in the front yard.
[b] 
Off-street parking areas and loading facilities for nonresidential, multifamily dwellings/apartments, single-family attached or mixed uses on corner lots, on or adjacent to the intersection of two streets shall maintain all necessary clear-sight triangles and comply with applicable yard requirements of the underlying zoning district in which they are located. For corner lots, the distance from the center line of the parking lot entrance to the curbline or pavement edge of the street intersection shall be adequate to, in the opinion of the Township, provide a safe and sufficient margin for normal traffic patterns and pedestrians at or about the intersection in question.
(3) 
Hours of operation. For proposed nonresidential and/or mixed use developments, the hours of operation and activities must be appropriately scheduled to protect the existing neighborhood and residential uses from detrimental noise, disturbance or interruption. A hours of operations plan shall be submitted as part of any application for such developments.
[1]
Editor's Note: Table 204-18B is included as an attachment to this chapter.
D. 
Compliance with other standards of this chapter. All uses shall comply with all applicable provisions contained within:
(1) 
Overlay zones set forth herein Article II.
(a) 
Floodplain Overlay Zone (§ 204-21).
(b) 
Airport Overlay Zone (§ 204-22).
(c) 
Historic Resources Overlay Zone (§ 204-23).
(2) 
Article III, General Provisions.
(3) 
Article IV, Specific Criteria.

§ 204-19 Commercial/Light Industrial Zone (C/LI).

A. 
Purpose. The intent of this zone is to allow for more intense commercial uses, office uses, and high-tech, light industrial uses, in appropriate areas of the Township. This zone is not intended to accommodate heavy industrial uses, such as heavy manufacturing, truck terminals, or warehousing, as this zone is intended to encourage additional commercial and light industrial type uses in those areas of the Township where there is currently these and other similar type uses that will also help to build the tax base and are more compatible with other types of development.
B. 
Permitted uses. Only the following uses listed in Table 204-19A are permitted within this zone, provided that in addition to the specific criteria for certain uses established in Article IV and all applicable general provisions in Article III are met. Uses permitted by special exception are subject to the approval by the Zoning Hearing Board pursuant to a public hearing set forth with the provisions of Article VI. Uses permitted by conditional use are subject to approval by the Board of Supervisors pursuant to a public hearing set forth with the provisions of Article VII.
[Amended 5-16-2019 by Ord. No. 2019-02; 8-15-2024 by Ord. No. 2024-01]
Table 204-19A
Permitted Uses
Commercial/Light Industrial Zone (C/LI)
Use
Specific Criteria
Permitted by
Right
Special Exception
Conditional Use
Agricultural/Forestry
Agriculture (excluding agribusiness)
X
Forestry
X
Residential
Group homes
X
Nonresidential
Adult-related uses
X
Animal hospitals/veterinary offices
X
Auction house
N/A
X
Automobile filling and/or service stations
X
Automobile, heavy equipment and similar motor vehicle rental/sales
X
Automobile, heavy equipment and similar motor vehicle repair centers
204-49G
X
Car washes
X
Clinic, medical
N/A
X
Club, clubhouse or lodge - private
X
Commercial recreation, indoor
X
Communication antennas and equipment building transmitting and receiving facilities
X
Contractors' office (excluding storage yard)
N/A
X
Convenience store
N/A
X
Copy shop/business service
N/A
X
Craftsman/artisan studio
N/A
X
Day care, commercial
X
Financial institution
N/A
X
Food service facility
N/A
X
Funeral homes
X
Home improvement center, lumber, and building materials sales
X
Hospitals
X
Hotels and motels
X
Industrial use, light
X
Laundry and dry-cleaning establishment (personal)
N/A
X
Mini-storage warehouses
X
Municipal-owned uses
N/A
X
Nightclubs
X
Off-track betting parlors
X
Offices, business professional
N/A
X
Offices, medical
N/A
X
Outdoor farmer's market and/or flea market
X
Parking structure
N/A
X
Personal services business
N/A
X
Place of worship
X
Post office
N/A
X
Principal solar energy system
X
Public/private utility building or structure
X
Recycling business/center - household waste
N/A
X
Research and development laboratory
N/A
X
Restaurant
N/A
X
Retail business
N/A
X
Schools, commercial
X
Schools, public or private
X
Schools, vocational
X
Taverns/bars
X
Theater, indoor (excluding adult uses)
N/A
X
Accessory
Accessory uses customarily incidental to the above permitted uses
N/A
X
Automated banking facilities
X
Day care, accessory
X
Day care, family
X
Drive-through facilities for permitted uses
X
Outdoor cafe/dining
X
Outside display and sales
X
Railroad spurs (branch lines)
X
N/A — Not applicable
C. 
Area and design requirements. Unless further specified in the specific criteria for certain uses established in Article IV and all applicable general provisions in Article III are met, all new permitted uses within this zone shall comply with the following area and building dimensional requirements set forth in Table 204-19B.[1]
[1]
Editor's Note: Table 204-19B is included as an attachment to this chapter.
D. 
Compliance with other standards of this chapter. All uses shall comply with all applicable provisions contained within:
(1) 
Overlay zones set forth herein Article II.
(a) 
Floodplain Overlay Zone (§ 204-21).
(b) 
Airport Overlay Zone (§ 204-22).
(c) 
Historic Resources Overlay Zone (§ 204-23).
(2) 
Article III, General Provisions.
(3) 
Article IV, Specific Criteria.

§ 204-20 Industrial Zone (IND).

A. 
Purpose. This zone provides for a wide range of industrial activities that contribute to the well-being of the Township by diversifying its economy and providing valuable employment opportunities. The required lot sizes have been kept small to accommodate the startup industries that are likely to emerge; however, larger and heavier industries have also been permitted. This zone provides for light industrial uses as permitted by right, but requires acquisition of a conditional use for heavier and potentially more-objectionable types of industrial uses. These areas have been located near existing public utility service areas and along major roads. Design standards have been imposed to create attractive site designs and moderate the objectionable impacts associated with industrial uses. Substantial setbacks are used to protect adjoining residences.
B. 
Permitted uses. Only the following uses listed in Table 204-20A are permitted within this zone, provided that in addition to the specific criteria for certain uses established in Article IV and all applicable general provisions in Article III are met. Uses permitted by special exception are subject to the approval by the Zoning Hearing Board pursuant to a public hearing set forth with the provisions of Article VI. Uses permitted by conditional use are subject to approval by the Board of Supervisors pursuant to a public hearing set forth with the provisions of Article VII.
[Amended 8-15-2024 by Ord. No. 2024-01]
Table 204-20A
Permitted Uses
Industrial Zone (IND)
Use
Specific Criteria
Permitted by
Right
Special Exception
Conditional Use
Agricultural/Forestry
Agriculture (excluding agribusiness)
X
Forestry
X
Nonresidential
Auction house
N/A
X
Automobile filling and/or service stations
X
Automobile wrecking, junk and scrap storage and sales (junkyards)
X
Automobile, heavy equipment and similar motor vehicle rental/sales
X
Automobile, heavy equipment and similar motor vehicle repair centers
X
Billboards
X
Copy shop/business service
N/A
X
Communications antennas, towers, and equipment building transmitting and receiving facilities
X
Contractors' office and storage yard
X
Home improvement center, lumber, and building materials sales
X
Industrial use, heavy
X
Industrial use, light
X
Kennels, commercial
X
Laundry and dry-cleaning establishment (industrial)
X
Mini-storage warehouses
X
Motor freight terminal
X
Motor vehicle auction
X
Municipal-owned uses
N/A
X
Offices, business professional
N/A
X
Parking lot
N/A
X
Parking structure
N/A
X
Place of worship
X
Principal solar energy facilities
X
Principal waste handling facilities
X
Public/private utility building or structure
X
Recycling business/center - household
N/A
X
Recycling business/center - commercial/industrial
N/A
X
Research and development laboratory
N/A
X
Retail business
N/A
X
Sawmills
X
Schools, commercial
X
Schools, vocational
X
Travel plazas
X
Treatment center
X
Truck drop lot
X
Warehousing, distribution, and wholesaling
X
Accessory
Accessory uses customarily incidental to the above permitted uses
N/A
X
Automated banking facilities
X
Drive-through facilities for permitted uses
X
Outside display and sales
X
N/A — Not applicable
C. 
Area and design requirements. Unless further specified in the specific criteria for certain uses established in Article IV and all applicable general provisions in Article III are met, all new permitted uses within this zone shall comply with the following area and building dimensional requirements set forth in Table 204-20B.[1]
[1]
Editor's Note: Table 204-20B is included as an attachment to this chapter.
D. 
Compliance with other standards of this chapter. All uses shall comply with all applicable provisions contained within:
(1) 
Overlay zones set forth herein Article II.
(a) 
Floodplain Overlay Zone (§ 204-21).
(b) 
Airport Overlay Zone (§ 204-22).
(c) 
Historic Resources Overlay Zone (§ 204-23).
(2) 
Article III, General Provisions.
(3) 
Article IV, Specific Criteria.

§ 204-21 Floodplain Overlay Zone (FPO).

See Chapter 112, Floodplain Management, relating to floodplain areas.

§ 204-22 Airport Overlay Zone (APO).

A. 
Purpose. The purpose of the Airport Overlay Zone is to:
(1) 
Create an overlay zone that considers safety issues around the Carlisle Airport (N94);
(2) 
Regulate and restrict the heights of established uses, constructed structures and objects of natural growth;
(3) 
Create related and appropriate zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such related and appropriate zones;
(4) 
Create a permitting process for certain uses, structures, and objects within the overlay zone.
B. 
Relation to other zones. The Airport Overlay Zone shall not modify the boundaries of any underlying zone. Where identified, the Airport Overlay Zone shall impose certain requirements on land use, construction, and development in addition to those contained in the other applicable zones for the same areas.
C. 
Conflict. Wherever and whenever the requirements of § 204-22 of this chapter are at variance with the requirements of any other section of this chapter, the most restrictive, or that imposing the higher standards shall govern.
D. 
Establishment of airport zones and boundaries. There are hereby created and established certain zones within this § 204-22, Airport Overlay Zone, defined in § 204-12C of this chapter and depicted on Figure 2, which include:
(1) 
Approach surface zone.
(2) 
Conical surface zone.
(3) 
Horizontal surface zone.
(4) 
Primary surface zone.
(5) 
Transitional surface zone.
Figure 2
204 Fig 2 Dimension Reqs.tif
Source: Model Zoning Ordinance Language for an Airport District Overlay; PennDOT, 2010.
E. 
Permit applications.
(1) 
As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), proposals for applications to:
(a) 
Erect a new structure or establish a new use;
(b) 
Add to or increase the height of an existing structure; or
(c) 
Establish, erect, and/or maintain any use, structure, or object (natural or man-made), in the Airport Overlay Zone, shall first notify PennDOT's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. PennDOT's BOA response must be included with this permit application for it to be considered complete. If PennDOT's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this Airport Overlay Zone. If PennDOT's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 204-22F of this chapter.
(2) 
Exceptions. In the following circumstances notification of an approval by PennDOT's Bureau of Aviation (BOA) shall not be required:
(a) 
No permit is required for the routine maintenance and repairs to, or the replacement of parts of existing structures which do not enlarge or increase the height of an existing structure.
(b) 
In the areas lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet or vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
(c) 
In the areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except then, because of terrain, land contour or topographic features, such tree or structure would extend above the height limit prescribed for such approach zones.
(d) 
In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zones, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic feature, would extend above the height limit prescribed for such transition zones.
(e) 
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this overlay zone, except that no permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
F. 
Variances. In addition to the provisions set forth in Article VI of this chapter relating to variances, any request for a variance shall include documentation in compliance with 14 Code of Federal Regulations Part 77, Subpart B (FAA Form 7460-1 as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the Federal Aviation Administration's (FAA) and PennDOT's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
(1) 
No objection. The subject construction is determined not exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination, a variance shall be granted.
(2) 
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in Subsection I, Obstruction marking and lighting.
(3) 
Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant. Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this § 204-22 of this chapter.
G. 
Use restrictions. Notwithstanding any other provisions of this § 204-22 of this chapter, no use shall be made or established within the Airport Overlay Zone in such a manner as to:
(1) 
Create electrical interference with navigational signals or radio communications between the airport and aircraft;
(2) 
Make it difficult for pilots to distinguish between airport lights and others;
(3) 
Impair visibility within the Airport Overlay Zone;
(4) 
Create bird strike hazards; or
(5) 
Otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the airport(s).
H. 
Preexisting nonconforming uses, structures, and trees. The regulations prescribed by this § 204-22 of this chapter shall not be construed to require the removal, lowering, or otherwise change to, or alteration of any use, structure, or tree not conforming to the regulations of this § 204-22 of this chapter as of the effective date of this chapter, or otherwise interfere with the continuance of a nonconforming use, structure, or tree. No nonconforming use or structure shall be altered and tree permitted to grow higher, so as to increase the nonconformity (relating to height and the use restrictions set forth in Subsection G). A nonconforming use, structure or tree, has been abandoned for more than one year or more than 80% torn down, physically deteriorated, or decayed, may only be reestablished consistent with the provisions herein this § 204-22.
I. 
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this § 204-22 of this chapter may be conditioned according to the process described in of this Subsection F to require the owner of the structure or object of natural growth in question to permit North Middleton Township, at its own expense, or require the applicant requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.

§ 204-23 Historic Resources Overlay Zone (HRO).

A. 
Purpose. The purpose of the Historic Resources Overlay Zone is to promote the general welfare of North Middleton Township through the following goals:
(1) 
To discourage the demolition of historic resources; and
(2) 
To implement the following sections of the Pennsylvania Municipalities Planning Code (MPC):[1] Section 603(b)(5), which states that zoning ordinances may permit, prohibit, regulate, restrict and determine protection and preservation of natural and historic resources. . . Section 603(g)(2), which states that "zoning ordinances shall provide for protection of natural and historic features and resources"; Section 604(1), which states that "the provisions of zoning ordinances shall be designed to promote protect and facilitate any or all of the following: . . . preservation of the natural, scenic and historic values. . . ."; and Section 605(2)(vi), whereby uses and structures at or near places having unique historical, architectural or patriotic interest or value may be regulated.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Applicability.
(1) 
Boundaries. The Historic Resources Overlay Zone shall conform to the boundaries of North Middleton Township. The overlay zone includes each parcel containing one or more historic resource. An identification and inventory of historic resources has been completed as part of the most recent version of the North Middleton Township Comprehensive Plan.
(a) 
All of the provisions of the applicable underlying zones shall continue to apply in addition to the provisions of this section. In the event of a conflict between the provisions of the overlay zone and the underlying zone, the provisions of this overlay zone shall apply.
(b) 
Should the boundaries of the overlay zone be revised as a result of legislative or administrative actions or judicial decision, the underlying zone requirements shall continue to be applicable.
(2) 
Covenants and easements. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions.
C. 
General provisions.
(1) 
Identification. The inventory shall contain a listing of parcels within the overlay zone that contain one or more historic resources.
(a) 
The overlay Zoning Map identifies every historic resource by historic name, location/street address, parcel number, and category of each resource.
(b) 
All parcels identified as containing one or more historic resource(s) governed by this section are shown on the overlay Zoning Map.
(2) 
Criteria for determination. This criteria is used to determine if a building, structure, object, site, or district is historic or not historic thereby enabling appropriate classification on the local survey. A building, structure, object, site, or district is historic if:
(a) 
It is associated with events that have made a significant contribution to the broad patterns of our local, state, or national history;
(b) 
It is associated with the lives of people, local, state, or national, who were significant in our past;
(c) 
It embodies the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction (a neighborhood or village for example); or
(d) 
It has yielded or may be likely to yield, information important in history or prehistory.
(3) 
Classifications.
(a) 
Historic resources.
[1] 
Class I: Buildings, objects, sites, or districts that are:
[a] 
Listed on or have received a Determination of Eligibility (DOE) to be listed on the National Register; or
[b] 
Resources within a district that contribute to a National Register listed or eligible district.
[2] 
Class II: Buildings, objects, sites, or districts that are:
[a] 
Resources that are deemed by the Township to substantially meet one or more of the criteria at the local level as per Table 4-5, Inventory of Historic Resources in the North Middleton Township Comprehensive Plan, dated December 4, 2008, or subsequent revisions.
(b) 
Nonhistoric resources.
[1] 
Class III: These are buildings that are less than 50 years old or, if more than 50 years old, have lost their integrity. These buildings are not subject to the provisions herein this overlay zone.
(4) 
Revisions. The Resource Inventory List and Map may be revised from time to time by a resolution from the Board of Supervisors with recommendations from the Planning Commission at a public meeting where the proposed changes shall be presented.
(a) 
Revisions are defined as additions to, deletions from the Resource Inventory List and Map, or changes in classification. Revisions do not include routine list maintenance to update ownership information or to add information about a change that occurred.
D. 
Demolition, removal or relocation of historic resources (Class I or II).
(1) 
General requirements. Demolition, removal or relocation of a historic resource shall be regulated in accordance with this section. No historic resource shall be demolished, removed or otherwise relocated without a permit obtained under this provision except for emergency demolitions.
(a) 
Emergency demolitions to protect the health, safety and welfare of the citizens of North Middleton Township are regulated under the Township Building Code,[2] or its successors and the provisions of that code shall take precedence over the provisions contained herein.
[2]
Editor's Note: See Ch. 95, Construction Codes, Uniform.
(2) 
Application procedures. All applications for demolition, removal or relocation of historic resources shall be referred by the Zoning Officer to the Board of Supervisors to hear and decide such request as a conditional use. The Board of Supervisors shall have the authority to permit or deny demolition, removal or relocation of the historic resource in accordance with the standards governing conditional use applications in accordance with Article VII of this chapter.
(3) 
Criteria for review. Applicants for a permit to demolish, remove, or relocate a historic resource in whole or in part must provide, as part of their conditional use application, a written statement as to whether the following statements are correct and provide detailed substantiation for each statement which is believed to be correct. In each instance, the burden of proof is on the property owner to demonstrate that the property owner has been deprived any profitable use of the relevant parcel as a whole. The recommendation of the Planning Commission and the decision of the Board of Supervisors shall be based upon a review of the information submitted by the applicant against all criteria and not any one criterion. The goals and development objectives of the Township shall also be considered.
(a) 
It is not feasible to continue the current use.
(b) 
Other uses permitted within the underlying zone district, either as permitted uses, special exception uses, or conditional uses, have been denied or are not feasible due to constraints on the building or structure.
(c) 
Adaptive use opportunities do not exist due to constraints related to the building, structure or property.
(d) 
The building, its permitted uses, and adaptive use potential does not provide a reasonable rate of return, based on a reasonable initial investment. Such reasonable rate of return shall be calculated with respect to the property taken as a whole.
(e) 
The applicant has not contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration or similar physical action.
(f) 
The demolition will not adversely affect the character of the property, streetscape, neighborhood or community.
(g) 
A proposed new building, structure or use (if applicable) on or of the property will not adversely affect the character of the streetscape, neighborhood or community.
(h) 
The building is structurally unsound.
(i) 
The denial of demolition would result in unreasonable economic hardship to the owner.
(j) 
Sale of the building or structure is impossible or impractical.
(k) 
Denial of demolition will deprive the property as a whole of all beneficial use.
(4) 
Associated land development plan. If the application for a permit for demolition, removal or relocation of a historic resource is being requested to facilitate future development of the land, the said permit shall not be issued until the following additional requirements have been satisfied.
(a) 
Approval of the land development plan by the Board of Supervisors;
(b) 
Issuance of any necessary zoning approvals; and
(c) 
The recording of the approved subdivision or land development plan for the parcel where the demolition, removal or relocation is proposed.
(5) 
Pre-demolition requirements. In those instances where an application for demolition is approved, the building(s) to be demolished shall be historically and photographically documented. The extent of the documentation will be determined by the significance of the building(s). When documentation is complete, the building shall be dismantled and recycled to the greatest extent possible.
(6) 
Enforcement. In addition to the enforcement provisions found in Article VII of this chapter, the Board of Supervisors may authorize action to withhold issuance of any and all zoning and building permits for a period of up to one year for any property that at the time of the enactment of these provisions, was occupied by a Class I or Class II historic resource that was subsequently demolished, removed or relocated without obtaining a permit as provided for herein. In addition, the Board of Supervisors may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this section.