Upper Allen Township Cumberland County
City Zoning Code
City Zoning Code
ARTICLE III
Designation of Districts
§ 245-3.1 Districts designated.
For the purpose of this chapter, the Township of Upper Allen is hereby divided into districts, which shall be designated as follows:
Agricultural District | |
A | Agriculture District |
Residential Districts | |
R-1 | Low-Density Residential District |
R-2 | Medium-Density Residential District |
R-3 | High-Density Residential District |
Commercial and Mixed Use Districts | |
C-1 | Neighborhood Commercial District |
C-2 | Highway Commercial District |
VIL | Village District |
PO | Professional Office District |
INS | Institutional District |
Industrial Districts | |
IND | Industrial District |
Overlay Districts | |
PRD | Planned Residential Development District |
SSP | Steep Slope Protection District |
FLOOD | Floodplain District |
CSO | Conservation Design Overlay District |
AO | Airport Overlay District |
SRC | Scenic River Corridor Overlay District |
§ 245-3.2 Purpose of zoning districts.
In addition to the overall purposes and community development objectives stated in Article I of this chapter, the purpose for each designated Zoning District is as follows:
A.
Agriculture District (A). To permit, protect and encourage the continued use of the land for agricultural uses. The intent is to use a conservation subdivision design approach by conserving blocks of land large enough to allow for efficient farm operations and associated enterprises, protecting groundwater resources and providing for the conservation of environmentally sensitive areas. Those areas designated as the A District are to be used primarily for agriculture purposes and limited residential, nonresidential and accessory uses in general conformance to the current Comprehensive Plan.
B.
Low-Density Residential (R-1). To preserve and encourage continued peaceful low-density neighborhoods and rural settings. This district will encourage flexible design standards to help conserve blocks of land large enough to allow for integrated greenways, the conservation of environmentally sensitive areas, farmettes, and estate lots. This district will provide for the orderly expansion of residential development in those areas where public services are adequate and exclude uses not compatible with such residential development.
C.
Medium-Density Residential (R-2). To permit residential development that results in an enhanced living environment. This district is to provide reasonable standards to encourage the orderly expansion of suburban-type residential development in the Township; prevent the overcrowding of the land; exclude activities of a commercial or industrial nature and any activities not compatible with residential development; and to otherwise create conditions conducive to carrying out the purpose of this chapter.
D.
High-Density Residential (R-3). To provide reasonable standards for the harmonious development of garden and high-rise apartments and other uses and accessory uses which are compatible with high-density housing; regulate the density of population; provide for public convenience, such as public water and public sewer; avoid undue congestion in the streets; and to otherwise create conditions conducive to carrying out these and the other broad purposes of this chapter.
E.
Neighborhood Commercial (C-1). To provide for neighborhood convenience shopping where retail business or service establishments supply commodities or perform services to meet the daily needs of the neighborhood. These uses can serve as transitional uses between more intensive and less intensive uses. This District is intended to be limited to uses which do not generate large volumes of traffic or have extended hours of operation.
F.
Highway Commercial (C-2). To provide suitable locations for highway-oriented retail, service, and entertainment uses. The uses provided in this District are meant to serve local residents as well as tourists and highway travelers passing through the Township. In addition to these objectives, this District is intended to provide appropriate development standards within the district to protect adjacent residential neighborhoods.
G.
Village (VIL). To preserve the character of villages by allowing the compatible mix of residential, commercial and professional office uses. Development is limited to medium concentration (typical of the existing lot sizes and densities), and permitted uses are typically single- and two-unit dwellings, plus certain additional nonresidential uses such as schools, parks, churches, commercial convenience services and professional offices which service the residents of the village.
H.
Professional Office (PO). To provide reasonable standards for the harmonious development of business and professional offices, and other similar and accessory uses; provide for the public convenience and avoid undue congestion in the streets; and to otherwise create conditions conducive to carrying out these and other broad purposes of this chapter.
I.
Institutional (INS). To accommodate institutional development and construction which will serve and benefit organizations or entities of an institutional nature. Such a district is intended to: encourage a harmonious pattern of institutional development which can mutually benefit the Township and the institution; encourage the development of institutional uses in accordance with approved governmental and professional regulatory standards, and to promote the planning for the location of future institutional uses; and allow for institutional uses, which shall include, but not be limited to, educational facilities, retirement facilities, cultural facilities, churches and the like uses.
J.
Industrial (IND). To permit and encourage appropriate sites to be used for industrial development. Such district is further intended to encourage the harmonious and appropriate physical development of the Township by providing for gradual transitions between adjacent land uses and to consolidate locations of industrially related land uses which, because of their shipping, storage and other requirements, exert special demands on the Township. Further, the district is intended to contribute to the soundness of the economic base of the Township by encouraging the construction on and continued use of land for industrial purposes. The establishment of this District is also intended to discourage and minimize air and water pollution, noise, glare, heat, vibration, fire and safety hazards and other detriments to the environment.
K.
Planned Residential Development Overlay District (PRD). To encourage a more efficient use of land and public services. See Article VIII.
L.
Steep Slope Protection Overlay District (SSP). To conserve and protect areas within the Township that have slopes of 15% or greater. See Article IX.
M.
Floodplain Overlay District (FLOOD). To protect properties located within designated flood zones. See Article X.
N.
Conservation Design Overlay District (CSO). To conserve open land and areas containing unique and sensitive natural features and reduce the infrastructure needs of development. See Article XI.
§ 245-3.3 Zoning Map.
The locations and boundaries of said districts shall be as shown upon the Map attached to and made part of this chapter, which Map shall be designated the "Upper Allen Township Zoning Map." The said 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.
§ 245-3.4 District boundaries.
The boundaries between districts are as shown by lines properly identified as district boundary lines and shown on the Zoning Map. Where uncertainty exists as to boundaries of any districts as shown on said Map, the following rules shall apply:
A.
Where district boundaries are indicated as approximately coinciding with the center lines of streets, highways, railroad lines or streams, such center lines shall be construed to be such boundaries.
B.
Where district boundaries are so indicated that they approximately coincide with lot lines, such lot lines shall be construed to be said boundaries, or where district boundaries are extensions of lot lines or connect the intersection of lot lines, such lines shall be said district boundaries.
C.
Where district boundaries are so indicated that they are approximately parallel to center lines of streets and highways, such district boundaries shall be construed as parallel thereto and at such distances therefrom as indicated on the Zoning Map.
D.
For unsubdivided land or where a district boundary divides a lot, the location of such boundary, unless dimensions indicate the same, shall be determined by the use of the scale appearing on the Map.
§ 245-3.5 Interpretation of boundaries.
In case of any uncertainty, the Zoning Hearing Board shall interpret the intent of the Zoning Map as to location of district boundaries.
§ 245-3.6 Use adjustment on district boundaries.
In unsubdivided land where a district boundary line divides a lot held in single and separate ownership, the following rules shall apply:
A.
The use in a less restrictive district may extend over the portion of the lot in the more restrictive district a distance of not more than 50 feet beyond the district boundary line, providing such extension does not extend the frontage of the less restrictive district along a street.
B.
The frontage of the less restricted district may extend over the portion of the lot in the more restricted district a distance of not more than 50 feet beyond the district line, providing a special exception is granted by the Zoning Hearing Board.
§ 245-3.7 Application of regulations.
Except as herein provided:
A.
No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformance with the regulations herein specified for the district in which it is located, with the exception of existing nonconformities as of the effective date of this chapter, which may be altered in compliance with Article XV Nonconforming Lots, Uses and Buildings herein.
B.
No building shall hereafter be erected, altered or moved:
(1)
That would exceed the height;
(2)
That would occupy a greater percentage of lot area;
(3)
That would have narrower, smaller rear yards, side yards or front yards;
(4)
That would provide less than the minimum habitable floor area;
(5)
That would fail to meet any other dimensional requirement of this chapter.
§ 245-3.8 Permitted uses by zoning district.
A.
Unless otherwise provided by law or specifically stated in this Zoning Code, including, but not limited to, Article XIV, Specific Standards for Designated Uses, land or a structure shall only be used as or occupied by a use specifically listed in this chapter as being permitted in the respective Zoning District.
B.
Any use shall only be permitted if it complies with all other requirements of this chapter. Where different requirements are stated for the same use or structure in this chapter, the most restrictive requirement upon the use or structure shall apply.
C.
For purpose of this chapter, the following abbreviations shall have the following meanings:
P | = | Permitted Use |
SE | = | Special Exception |
C | = | Conditional Use |
N | = | Not Permitted |
§ 245-14._____ | = | See Specific Standards |
D.
Any list of prohibited uses in this chapter is intended to provide examples but is not intended to be exhaustive.
§ 245-3.9 Uses not provided for.
Whenever under this chapter a use is not specifically permitted, the Zoning Officer shall refer to the North American Industry Classification System Manual (1997 printing or edition and current revisions) for the appropriate classification in accordance with the approved uses in that zoning district; however, in those cases that the use is not described or classified and/or the zoning permit has been denied and an applicant makes an application to the Zoning Officer for such use, the Zoning Officer shall refer the case to the Zoning Hearing Board to hear and decide such request as a special exception (provided that the applicant pays the appropriate fees and meets conditions of the special exception procedure). The Zoning Hearing Board shall have the authority to permit the use or deny the use in accordance with the standards governing special exception applications. The use may be permitted if it is similar to and compatible with the permitted uses in the district in which the subject property is located; is not permitted in any other district under the terms of this chapter; and in no way is in conflict with the general purposes and intent of this chapter. The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and would not be detrimental to the public health, safety and welfare of the neighborhood.