Rapho Township City Zoning Code
ARTICLE I
General and Legal Provisions
§ 350-101 Short title.
This chapter shall be known and may be cited as the "Township of Rapho Zoning Ordinance," "Rapho Township Zoning Ordinance" or "this chapter."
§ 350-102 Purpose.
This chapter is enacted to:
A.
Promote, protect, and facilitate: public health, safety, morals, or general welfare; coordinated and practical community development; and proper density of population.
B.
Provide for adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds and other public requirements.
C.
Prevent overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life, or property from fire, flood, panic or other dangers.
D.
Preserve prime agriculture land and farmland considering topography, soil type and classification, and present use.
E.
Encourage the maintenance and management of forested or wooded open space, and to promote the conduct of forestry as a sound and economically viable use of forested land throughout Rapho Township.
F.
Establish the requirements for density and intensity of uses.
G.
Serve as a tool that is part of an overall plan for the orderly, appropriate and compatible preservation, growth, and development in Rapho Township, by incorporating the overall objectives and principles of, as well as seeking to implement portions of, the most recent version of the Comprehensive Plan or other applicable plan adopted by the Township of Rapho.
§ 350-103 Scope.
From and after the effective date of this chapter, the use of all land and every building or structure or portion of a building or structure erected, altered with respect to height and area, added to, or relocated, and every use within a building or structure or use accessory thereto, in the Township shall be in conformity with the provisions of this chapter, as well as all other applicable Township ordinances, enactments, rules, regulations, and permits. Any lawfully existing use, building, or land not in conformity with the regulations on the effective date of this chapter herein prescribed shall be regarded as nonconforming but may be continued, extended, or changed subject to the special regulations herein provided with respect to nonconforming buildings, structures, or uses.
§ 350-104 Interpretation.
A.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, and general welfare of the residents of Rapho Township.
B.
In interpreting the language of this chapter to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the Township Board of Supervisors, in favor of the property owner and against any implied extension of the restriction.
§ 350-105 Conflict.
It is not intended by this chapter to repeal, abrogate, annul, or interfere with any existing ordinances or enactment, or with any rule, regulation or permit adopted or issued thereunder, except insofar as the same may be inconsistent or in conflict with any of the provisions of this chapter. Provided, however, that where this chapter imposes greater restrictions upon the use of buildings or land, or upon the height or bulk of buildings, or prescribed larger yards or open spaces than are required by the provisions of other such ordinance, enactment, rule, regulation or permit, the provisions of this chapter shall control. Furthermore, if a discrepancy exists between any regulations contained within this chapter, that regulation which imposes the greater restriction shall apply.
§ 350-106 Severability.
Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this chapter as a whole or of any other part thereof.
§ 350-107 Uses not provided for.
Any use which clearly is not permitted by right, by special exception use, nor by conditional use by this chapter within any zone, then such use shall be prohibited, except that the Township Zoning Hearing Board may permit such use by special exception in accordance with Article VIII of this chapter relating to special exceptions in Zoning Hearing Board's functions (§ 350-805B), if the applicant proves to the satisfaction of the Township Zoning Hearing Board that all of the terms and conditions set forth below have been addressed:
A.
The proposed use is:
(1)
In general conformity with the most recent version of the Comprehensive Plan or other applicable plan adopted by Rapho Township;
(2)
In harmony with the zone, neighborhood, and area in which it is proposed;
(3)
Similar to and compatible with the permitted uses in the zone in which the subject property is located;
(4)
Not permitted in any other zone under the terms of this chapter; and
(5)
In no way conflicting with the general purposes and intent of this chapter or the zone in which the subject property is located.
B.
The external impacts associated with the proposed use would be equal to or less intensive than external impacts associated with other uses that are permitted in the zone in which the subject property is located.
C.
The location of the proposed use would not endanger public health and safety, and the use will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare, vibration or electromagnetic interference.
D.
The proposed use must comply with Township building, health, housing, rental, safety, property and other applicable Township, county, state, and federal code and licensing requirements. All such licenses, certificates, and permits shall have been obtained and presented to the Township, or shall be a condition of approval.
F.
The applicant shall provide:
(1)
An hours of operation and management plan in accordance with Article IX of this chapter relating to hours of operation and management plan in application for zoning permits for nonresidential uses in zoning permits [§ 350-902C(3)]. This information is required for both residential and nonresidential uses.
(3)
Plot/site plans required in Article IX of this chapter relating to application for zoning permits for nonresidential uses in zoning permits [§ 350-902C(2)].
(4)
A schematic architectural drawing of the principal building's front facade.
§ 350-108 Establishment of zones and Official Zoning Map.
A.
Establishment of zones. For the purpose of this chapter, Rapho Township is hereby divided into specific base zones and overlay zones which shall be designated as set forth in Table 1-8.1 in this subsection below. When this chapter refers to a general grouping of zones (e.g., "residential zones" or "agricultural and rural zones"), it is referring to all of the specific zones within the applicable general grouping; otherwise, when this chapter refers to specific Official Zoning Map symbol [e.g., "(R-1) Zone" or "(HC) Zone"], it is referring to the applicable specific zone.
Table 1-8.1 Zones | |
|---|---|
Zone Name | Official Zoning Map and Text Symbol |
Base Zones | |
Agricultural and Rural Zones | |
Agricultural Zone | (A) Zone |
Rural Zone | (R) Zone |
Residential Zones | |
Residential Zone | (R-1) Zone |
Mixed Residential Zone | (R-2) Zone |
Manufactured/Mobile Home Park Residential Zone | (MHP) Zone |
MIXED-USE ZONES | |
Crossroads Community Zone | (CC) Zone |
Mixed-Use Commercial Zone | (MUC) Zone |
BUSINESS ZONES | |
Commercial Recreation Zone | (CR) Zone |
Highway Commercial Zone | (HC) Zone |
Industrial Zone | (IND) Zone |
Overlay Zones | |
Floodplain Overlay Zone | (FPO) Zone |
Airport Overlay Zone | (APO) Zone |
Village Overlay Zone | (VO) Zone |
Open Space Design Overlay Zone | (OSDO) Zone |
B.
Official Zoning Map. Unless otherwise noted, the locations and boundaries of the specific base zones and overlay zones are shown upon the Official Zoning Map that is attached to and made a part of this chapter. The Official Zoning Map and all notations, references and other data shown thereon are hereby incorporated by reference into this chapter as if all were fully described herein. The Official Zoning Map shall be designated the "Township of Rapho, Lancaster County, PA: Official Zoning Map," herein referred to as the "Official Zoning Map."
C.
Zone boundaries. The boundaries between zones are shown by zone boundary lines on the Official Zoning Map. Where uncertainty exists as to the location of boundaries of any zone shown on the Official Zoning Map, the following rules shall apply:
(1)
Where zone boundaries are so indicated as approximately coinciding with the center lines of streets, highways, railroad lines, other right-of-way lines, streams, or ridgelines, such center lines shall be construed to be the zone boundaries.
(2)
Where zone boundaries are so indicated as approximately coinciding with lot lines, such lot lines shall be construed to be the zone boundaries.
(3)
Where zone boundaries are so indicated as approximately parallel to center lines of streets, highways, railroad lines, and other rights-of-way, the zone boundaries shall be construed as parallel thereto and at such distances from the center line as indicated on the Official Zoning Map.
(4)
For unsubdivided land or where a zone boundary divides a lot, the location of the zone boundary, unless dimensions are indicated, shall be determined by the scale appearing on the Official Zoning Map.
(5)
Where a municipal boundary divides a lot, the minimum lot area shall be regulated by the municipality in which the principal use(s) are located, unless otherwise provided by applicable case law. The land area within each municipality shall be regulated by the use regulations and other applicable regulations of each municipality.
(6)
In the case of any uncertainty as to zone boundaries on the Official Zoning Map, the Township Zoning Officer shall determine the zone boundaries; however, the Township Zoning Officer's determination may be appealed to the Township Zoning Hearing Board in accordance with Article VIII of this chapter relating to appeals from the determination of the Zoning Officer in Zoning Hearing Board's functions (§ 350-805D).
§ 350-109 Municipal liability.
The granting of a permit pursuant to this chapter shall not constitute a representation, guarantee or warranty of any kind by the Township of Rapho or by any official or employee thereof of the practicability or safety of the proposed use and shall create no liability upon the Township of Rapho, its officials or employees for any damage that may be pursuant thereto.
§ 350-110 Municipal-owned uses.
The requirements of this chapter shall not apply to municipal-owned uses, land, facilities, or structures owned by the Township of Rapho, nor to uses, land, facilities, or structures owned by a municipal authority created by the Township of Rapho, or an agent thereof that is authorized or created by the Township of Rapho or municipal authority to provide governmental or public health and safety services. Further, the requirements of this chapter shall not apply to private uses permitted by the Township of Rapho, its municipal authorities, or their authorized agents, to be conducted upon and or in land or structures owned and/or operated by the Township of Rapho, municipal authorities, or authorized agents. In any instance in which applicable zoning requirements would be affected by noncompliance if not for the exemption provided in this section, and that any modification represents the minimum that will afford relief and will represent the least modification possible of the regulations in issue, the Township Board of Supervisors shall take public comment on the specific zoning provisions and related issue(s) at an advertised public meeting of the Township Board of Supervisors. Notice of the public meeting shall be mailed by the Township of Rapho at least 30 days prior to the date of the meeting by first-class mail to the addresses to which real estate tax bills are sent for all real property located within 200 feet of the exempted subject property, as evidenced by tax records within the possession of the Township of Rapho. Additionally, notice shall be provided to the Township Planning Commission at least 30 days prior to the date of the public meeting of the Township Board of Supervisors. Such notices shall include the location, date, and time of the public meeting; and shall include the location of exempted subject property, a description of the proposed use/development of the exempted subject property, the specific zoning requirement(s) for which strict compliance cannot be met by the proposed use/development of the exempted subject property.