This chapter regulates all land uses, lots, and structures within the Township of Reserve except those that are the property of the Township itself. Every regulated land use, lot, or structure must either conform to the rules of this chapter or be a nonconforming use, nonconforming lot, or nonconforming structure. A nonconformity is defined as a use, lot, or structure that was legally established before the effective date of this chapter's enactment (see § 430-6, When effective), and does not conform to the substantive requirements of this chapter. Because nonconformities were legally established, and because their owners could not have known what the regulations of this chapter were going to be in advance, the owners have a legal and ethical right to continue their nonconformities. However, all nonconformities, except nonconforming signs, are subject to the regulations of § 430-17, Nonconformities. Special regulations for nonconforming signs are given in Article XI, Signs. All regulated land uses, lots, and structures that are neither in conformance with the controls of this chapter nor nonconformities are illegal and subject to the enforcement procedures and penalties specified in Article III, § 430-31, Enforcement.

Zoning ordinances are always complex due to the complex nature of modern communities. However, this chapter is organized to be simple and to minimize the amount of reading required to determine how a property or project is restricted.

All of the provisions in this chapter that affect Reserve landowners on a daily basis and apply to all properties within the Township are included in Article I, General Provisions. The sections in the remainder of Article I explain what the general purposes of this chapter are, what its basic rules are, when zoning or occupancy permits are needed, how to get these permits, what extra regulations apply to nonconforming uses, what a variance is, how to get a variance, how this chapter will be enforced, how landowners may contest the Zoning Officer's determinations, and how landowners may dispute the validity of this chapter. Anyone who has a question concerning how this chapter regulates a property should read Article I.

However, many of the regulations in this chapter should not be applied to all areas of the Township due to the differing statuses and goals of these areas. So Article IV, Zoning Districts, divides the Township into seven "zoning districts," each of which is composed of areas with similar present-day statuses and goals and faces a set of regulations that is different than the set faced by every other zoning district. Article IV then provides this set of regulations for each district, addressing such subjects as permitted land uses, off-street parking and loading facilities, setbacks, building heights, lot designs, and more. Although § 430-40, Purpose, explains how this article should be read in more detail, a general rule of thumb is that readers who have a question concerning how this chapter regulates a property need to read only the parts of Article IV that concern the zoning district of that property.

Article III, Administration, § 430-28, Special exceptions and conditional uses, explains what a special exception use is, reveals what a conditional use is, illustrates the procedures for obtaining permits for these uses, lists the standards that the Zoning Hearing Board is to utilize in determining whether or not to grant a special exception use, and lists the standards that the Township is to employ in determining whether or not to grant a conditional use. Article X, Temporary Uses, explains what a temporary use is, illustrates the procedures for obtaining permits for one, and lists the standards that the Township Commissioners is to utilize in determining whether or not to grant it. Article XI, Signs, contains all of this chapter's sign regulations. Article III contains this chapter's administrative provisions that are relevant to municipal officials on a daily basis[1], but not usually to landowners (administrative provisions that are more relevant to landowners are included in Article I). Article II, Terminology, provides a glossary of some of the terms used in this chapter.

The sections in Article IV apply to every regulated land use, lot, and structure in the Township. Because they address each one of Reserve's seven zoning districts, the sections in Article IV also apply to every regulated land use, lot, and structure in the Township. However, the sections of this chapter apply only when a provision of either Article III or Article IV explicitly says so. Municipal officials should be familiar with this entire chapter. However, anyone who has a question concerning how this chapter regulates a property only needs to read the following:

This chapter is organized in this manner so that landowners can determine how the use of their property is restricted without reading the entire document.

It is the intent, purpose and scope of this chapter to protect and promote safety, health and morals; to accomplish coordinated development; to provide for the general welfare by guiding and protecting amenity, convenience, future governmental, economic, practical, and social and cultural facilities, development and growth, as well as the improvement of governmental processes and functions; to guide uses of land and structures, type and location of streets, public grounds and other facilities; to promote the conservation of energy through the use of planning practices and to promote the effective utilization of renewable energy sources; to promote the preservation of this Township's natural and historic resources and prime agricultural land; to encourage the preservation of prime agricultural land and natural and historic resources through easements, transfer of development rights and rezoning; to facilitate the present and future economic viability of existing agricultural operations in this Township and to not prevent or impede the owner or operator's need to change or expand their operations in the future in order to remain viable; to encourage the revitalization of established urban centers; and to permit and to minimize such problems as may presently exist or which may be foreseen and to protect, preserve or conserve open land, consisting of natural resources, forests and woodlands, any actions taken to protect, preserve or conserve such land shall not be for the purposes of precluding access for forestry.

The secondary general purposes of this chapter are adopted from the Reserve Planning Committee. Each of these is discussed below.

Because Reserve Township does not yet have a Comprehensive Plan that meets all requirements of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended, by adopting this set of community development goals and objectives satisfies the requirements of Section 606 of the Pennsylvania Municipalities Planning Code.[1]

The reserve Township Planning Committee. The Reserve Planning Committee used the following purposes to develop this chapter. These purposes serve as secondary general purposes of this chapter.

When the meaning of a regulation as it applies to a given property is not clear, it shall be interpreted in favor of that property and against any implied extension of the regulation.

No permitted accessory use shall be constructed more than 180 days before the use to which it is accessory.

No structure shall be located closer than five feet from another structure unless that structure is a fence, is attached to the other structure, or forms an integral part of the other structure.

All commercial tanks that contain or carry more than 20 gallons of fuel, lubricants, or any other poisonous liquid shall be located at least 10 feet from all property lines and public rights-of-way.

Parking facilities and zoning district regulations. All parking facilities are subject to the regulations of the zoning district in which they are located unless this chapter specifically states otherwise. Furthermore, all parking garages are subject to the regulations on structures imposed by the zoning district in which they are located.

Emergency and nonprofit temporary events. Township Commissioners may waive any parking or loading requirement of this chapter for emergency, community or nonprofit temporary events.

When an occupancy permit is needed. Before any landowner may use or occupy a vacant lot; use or occupy new, reconstructed, structurally altered, moved, and/or vacant nonsign structure; or change the use of a nonsign structure or lot, an occupancy permit must be obtained (unless this chapter specifically states otherwise). Article XI, Signs, explains when occupancy permits are needed for signs.

The procedure for obtaining an occupancy permit.

Temporary occupancy permits. The Zoning Officer may issue a temporary occupancy permit, which allows the use, partial use, or occupancy of the involved structure or lot during development activities. Such a permit shall be valid for no longer than three months.

Inspections. In order to make the determinations required by Subsection B of this section, the Zoning Officer shall have the authority to enter any building, structure, premises, property, or development in the Township at any reasonable hour upon presentation of proper credentials.

Revocation of permits. If the Zoning Officer discovers that the applicant has made any false statements or misrepresentations regarding the development, the Zoning Officer shall revoke the occupancy permit and proceed with whatever legal action is necessary to correct the violation (see Article III, § 430-31, Enforcement).

Permits issued in error. Any occupancy permits issued in error shall be invalid.

Appealing the Zoning Officer's determination. The applicant may appeal the denial of an occupancy permit, and aggrieved persons or neighbors may appeal the issuance of an occupancy permit, as specified in Article III, § 430-34, Appealing the determination of the Zoning Officer.

The duration of occupancy permits. Nontemporary occupancy permits shall be valid for the lifespan of the involved development, except if that development is either a temporary sign on private property (in which case the permit shall only be valid for 30 days) or a temporary sign on a public right-of-way (in which case the permit shall only be valid for 60 days).

The purpose, organization, and applicability of this section.

General rules concerning nonconformities. The following rules apply to or concern all nonconforming structures, land uses, and lots.

Nonconforming structures or buildings. The following rules apply to all nonconforming structures.

Nonconforming uses. The following rules apply to all nonconforming uses.

The purpose of preliminary opinions. According to § 430-35, Time limitations, any aggrieved party who wishes to stop or limit a proposed construction, reconstruction, alteration, or other physical development by challenging either the procedural or substantive validity of this chapter (see Article III, § 430-32, Procedural challenges, and Article III, § 430-33, Substantive challenges) may only do so within 30 days of the development's receiving a zoning permit (see Article III, § 430-24, Zoning permits). Likewise, any aggrieved party who wishes to stop or limit a proposed land use by challenging either the procedural or substantive validity of this chapter may only do so within 30 days of the use's receiving an occupancy permit (see, § 430-16, Occupancy permits). Preliminary opinions are a tool that the landowner who is proposing the involved development or use may employ to shorten this thirty-day time period.

The procedure for obtaining a preliminary opinion. Preliminary opinions may be obtained by following this procedure:

How an approved preliminary opinion affects the time limits of § 430-35. If the Zoning Officer approves the proposed use or development as specified under Subsection B above, then the thirty-day period during which an aggrieved party may stop or limit the proposed use or development by challenging the procedural or substantive validity of this chapter (see Article III, § 430-32, Procedural challenges, and Article III, § 430-33, Substantive challenges) begins on the date that the second notice is published instead of the date on which the proposed use or development receives the applicable permit.