Rush Township Centre County
City Zoning Code
City Zoning Code
ARTICLE II
Zoning Districts
§ 335-2-1 Establishment of districts.
For the purpose of implementing the objectives of this chapter, Rush Township is hereby divided into the following zoning districts.
R | Residential |
RR | Rural Resource |
CM/O | Commercial/Office |
I | Industrial |
IE | Industrial Enterprise |
CA | Commerce Aviation |
RBP | Regional Business Park |
BI | Business Incubator |
P/SP | Public/Semi-Public |
VMU | Village-Mixed Use |
PWPO | Potable Water Protection Overlay (Overlay District) |
UCPO | Utility Corridor Protection Overlay (Overlay District) |
FO | Floodplain Overlay (Overlay District) |
§ 335-2-2 Purpose of districts.
A.
Residential (R).
(1)
The purpose of this district is to account for existing and future residential development in the Township. Residential development in the Township is of low density in much of the Township, as evidenced by larger lots and rural-style development. Other residential areas of the Township contain residential development at a higher density, including the primary residential area in the Township that exists in areas immediately surrounding the Borough of Philipsburg and the Village of South Philipsburg, which contain areas of more dense dwelling units such as apartments and multifamily dwellings.
(2)
Sewer and water facilities are limited in some areas of this district. Lot sizes are based on the need to safeguard the health of citizens by providing ample space to allow for the provision of on-lot sewage and water facilities where necessary, and to require the connection to public sewer and water in areas where these services are available.
(3)
Uses in the residential district have been determined to protect the health and welfare of the community. Uses were selected to maintain the semirural character present in much of the Township, but at the same time allow the full utilization of those areas of the Township which have a higher residential density such as suburban and high-density residential areas. Permitted uses in this district include single-family detached dwellings, duplex dwellings, and public and private parks and playgrounds, and public utility structures. Industrial uses are prohibited in residential districts, unless as specifically indicated as special exceptions. Home occupations are permitted, and commercial and office uses are permitted as special exceptions. In certain instances, multifamily or higher-density residential development may also be permitted as a conditional use.
B.
Rural Resource (RR).
(1)
This district includes areas of the Township that have rural resources, such as rural occupations, agriculture, low to very low residential uses, hunting cabins and vacation properties, mineral extraction, and timbering. On-lot water and sewage are the primary method for potable water and sewage treatment. Public water and public sewerage have not been extended into these areas, and there is no pending need to extend the utilities.
(2)
Permitted uses in this district include single-family detached dwellings, rural occupations such as arts and crafts manufacturing, bed-and-breakfast inns, trade occupations, woodworking and cabinet shops, butcher shops, public and nonprofit parks and playgrounds, preservation of natural and historic resources, public uses and public utility structures, and agricultural, agricultural-related, horticultural, mineral extraction, and forestry uses. Rural occupations shall be limited in size and intensity of use and will typically occur on larger tracts of land that are well-buffered from adjoining neighbors. Industrial, urban, and other noncompatible land uses are discouraged. Regulations are provided to encourage forestry, farming where feasible, and other agricultural land uses.
C.
Commercial/Office (CM/O).
(1)
The purpose of this district is to provide a suitable location for businesses that rely on a regional market for customers. The district allows for a mixture of commercial and office uses. It is the intent of this district to provide ample space for concentrated development of commercial and office properties while preventing commercial sprawl along the major roadways of the Township.
(2)
This district is provided for office uses, personal service and retail businesses, general wholesale establishments, and businesses which as a rule cater to large volumes of people or which can attract customers from sizeable distances. The regulations governing this district are intended to guide future development so as to discourage the formation of abandoned or vacant commercial areas. Permitted uses include a wide range of retail and office uses. Contained in this classification are current commercial and office buildings and vacant areas around them that are not considered to be public lands.
D.
Industrial (I). This district contains existing tracts of industrial land and large tracts adjacent to nonresidential uses. The purpose of this district is to provide a location for the introduction of small-scale and light industries as well as large-scale industrial operations for general industrial, manufacturing, and warehousing purposes. The regulations governing this district substantially prohibit any use which interferes with this purpose and afford some protection to the industries which are located therein. Areas set aside for this purpose have been carefully analyzed to ensure satisfactory access and to maximize the use of existing public services, facilities, and utilities. Permitted uses in this district include warehouses, service industries, small manufacturing and assembly operations, automotive and truck repair, wholesale distributors, and small-scale nonobtrusive industrial activities.
E.
Industrial Enterprise (IE). This district has been established to provide for high-intensity industrial uses with availability for railway and interstate access. Allowable uses include innovative waste management, warehousing, transportation, and renewable energy technology for this brownfield site (former strip mine).
F.
Commercial Aviation (CA). The CA District is located at the existing airport. It has been established for protection of the existing airport use, to allow development of nearby vacant lots, and to allow low- to medium-density development with very low truck traffic. Uses such as aviation support facilities, office, light industrial and commercial uses, recreation and accommodations are permitted uses.
G.
Regional Business Park (RBP). The Regional Business Park District contains an existing development site with developed infrastructure. The district in intended for low- to medium-density commercial and industrial uses, such as office and light industrial uses.
H.
Business Incubator (BI). The Business Incubator District is a fully developed site now used as a business incubator. Due to location, with surrounding residential areas, it is intended for low-intensity uses such as office and very light industrial and manufacturing uses.
I.
Public/Semi-Public (P/SP). The majority of the Township's land area is contained in the public/semipublic land classification. Primary uses of this land are recreational or governmental. These public lands are responsible for the predominantly rural nature of the Township. Permitted uses include recreation and timber harvesting.
J.
Village-Mixed Use (VMU).
(1)
This classification includes the area formerly known as "South Philipsburg Borough," which is located in a rather secluded area between the Moshannon Creek on the west, Philipsburg Borough on the north, and on the east by the ridge upon which SR-350 runs. This district was developed to help preserve and celebrate the long-standing community identity and pride of the "southies," to preserve and encourage a mix of residential densities and small-scale commercial land uses arranged in a grid and modified grid development pattern, and efficiently capitalize upon the availability of undeveloped and underdeveloped land connected to public water and sewer services, essentially an extension of the urbanized area of Philipsburg Borough.
(2)
Permitted uses in this district include a mix of residential dwellings types, including single-, two- and multiple-family dwellings, accessory dwellings, senior housing, and assisted living facilities. Additionally, a mix of small-scale, low-intensity commercial- and office-type uses (limited in building size and intensity of use) located within the same building, upon the same lot, or in close proximity to the residential uses, are permitted in order to encourage pedestrian traffic. Nonresidential uses include bed-and-breakfasts, home occupations, day-care centers, professional offices, retail sales and services (including restaurants and shops), senior/assisted housing, public and semipublic uses, parks and open space. Mixed-use development at this density and intensity shall be required to be connected to the public water and sewerage systems.
K.
Potable Water Protection Overlay District (PWPO). This overlay district protects potable water source areas and critical source water areas to improve the quality of potable water resources in the Township. Permitted uses within this land classification include undeveloped land, cabins, and very-low-density residential development. Development guidelines such as riparian buffers are required to act as primary filters. The Potable Water Protection Overlay modifies the uses permitted or the standards required in the base district.
L.
Utility Protection Corridor Overlay District (UPCO). The Utility Corridor Protection Overlay is designed to show and maintain existing utility rights-of-way so that property owners are aware of these rights and where they occur. The Utility Protection Corridor Overlay modifies the uses permitted or the standards required in the base district.
M.
Floodplain Protection Overlay District (FO). Preserving floodplain areas from development is crucial in minimizing potential damages to property and risk of injury due to flooding. Allowing floodplain areas to remain in their natural state will also minimize any major changes to the balance of the hydrologic system and allow for groundwater recharge. The Floodplain Protection Overlay District shall include those areas identified as being in the 100-year floodplain, as defined on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs) or Flood Hazard Boundary Maps. The Floodplain Protection Overlay modifies the uses permitted or the standards required in the base district.
§ 335-2-3 Zoning Maps.
A.
The boundaries of each of these zoning districts are hereby established as shown on the Official Zoning Map and the Official Zoning Overlay District Map, which are made part of this chapter together with all future notations, references, and amendments.[1]
[1]
Editor's Note: The Zoning Maps are on file in the office of the Township Secretary.
B.
The Official Zoning Map and Official Zoning Overlay District Map shall be identified by the signatures of the Townships Supervisors, properly attested by the Township Secretary, and shall bear the Township seal.
C.
No change of any nature shall be made to any matter shown on the Official Zoning Map and/or the Official Zoning Overlay District Map except in conformance with the procedures set forth in Article IX herein. The final authority as to the current status of zoning districts within the Township shall be the Zoning Map and the Zoning Overlay District Map located in the office of the Township Secretary.
§ 335-2-4 Interpretation of boundaries.
A.
Designation of district boundaries.
(1)
The district boundary lines, except for the overlay districts, are intended generally to follow the center lines of streets, the center lines of the railroad rights-of-way, existing lot lines, the mean water level of streams and other waterways or municipal boundary lines, all as shown on the Official Zoning Map.
(2)
Where a district boundary line does not follow such a line, its position shall be shown on said Official Zoning Map by a specific dimension in feet (and compass bearing or other reference, as necessary) from a road center line or other boundary line as indicated.
B.
Determination of boundary locations. In the case of uncertainly as to the true location of the boundary line in a particular district, the Zoning Officer, either on his own or at the request of a concerned party, shall present the matter to the Zoning Hearing Board. The Zoning Hearing Board may collect whatever information it feels necessary and shall then render a decision with respect thereto; provided, however, that no boundary shall be changed by the Zoning Hearing Board. Changes in district boundary lines shall be made according to the procedures in Article IX.
C.
Extension of district boundaries. Where a district boundary line divides a lot or parcel of land which was in single ownership as of the date of passage of this chapter, the Zoning Hearing Board may permit, under the rules and procedures herein regarding variances, the extension of regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot. Requests for extension of regulations in excess of 50 feet shall be considered requests for changes in boundary lines and shall be handled in accordance with the procedures for amending and changing boundary lines set forth in Article IX.
§ 335-2-5 Potable Water Protection Overlay District changes.
The delineation of any boundary of the Potable Water Protection Overlay District may be revised by the Board of Supervisors in accordance with the amendment procedures set forth in Article IX of this chapter where natural or man-made changes have occurred, where experience demonstrates that a change is necessary or advisable and/or more detailed studies have been performed by a qualified agency or individual, such as a source water protection plan.
§ 335-2-6 Utility Corridor Protection Overlay District changes.
The delineation of any boundary of the Utility Corridor Protection Overlay District may be revised by the Board of Supervisors in accordance with the amendment procedures set forth in Article IX of this chapter where natural or man-made changes have occurred, where experience demonstrates that a change is necessary or advisable and/or more detailed studies have been performed by a qualified agency or individual, or new utility easements have been obtained or new utility corridors installed.
§ 335-2-7 Floodplain Overlay District changes.
The delineation of any boundary of the Floodplain Overlay Districts may be revised in accordance with the amendment procedures set forth in the Township's Floodplain Management Ordinance[1] or through issuance of new Flood Hazard Boundary Maps or Flood Insurance Rate Maps from the Federal Emergency Management Agency.
[1]
Editor's Note: See also Ch. 183, Flood Damage Prevention.
