[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
A.
Long title. The long title of Ordinance No. 1993 is
"An ordinance to repeal the preexisting Carlisle Zoning Ordinance,
as amended, and enact a new Carlisle Zoning Ordinance to establish
zoning regulations for the use of land and structures, area of lots,
bulk of buildings and other structures, the density of population,
the provision of off-street parking spaces and similar, accessory
regulations for the Borough of Carlisle, Cumberland County, Pennsylvania,
and for such provisions to divide the Borough into districts, and
further, to provide for administrative enforcement and amendment therefore
in accordance with the provisions of the Pennsylvania Municipalities
Planning Code and to repeal all ordinances in conflict herewith."
A.
The zoning regulations and districts set forth in
this chapter are made in accordance with a Comprehensive Plan and
associated studies by the Borough of Carlisle for the general welfare
of the Borough. This Comprehensive Plan lists the goals and objectives
of the Borough.
B.
This chapter was adopted with reasonable consideration,
among other things, of the existing character of the various areas
within the Borough of Carlisle and their respective suitability to
particular uses.
C.
The provisions of this Zoning Ordinance have been
designed to:
(1)
Promote, protect and facilitate any or all of the
following: the public health, safety, morals, and the general welfare;
coordinated and practical community development and proper density
of population; emergency management preparedness and operations, airports,
and national defense facilities; the provisions of adequate light
and air; access to incident solar energy; police protection; vehicle
parking and loading space; transportation; water; wastewater management;
schools, recreational facilities; public grounds; the provision of
a safe, reliable and adequate water supply for domestic, commercial,
agricultural or industrial use, and other public requirements; as
well as preservation of the natural, scenic and historic values in
the environment; and, preservation of forests, wetlands, aquifers
and floodplains.
(2)
Prevent one or more of the following: overcrowding
of land, blight, danger and congestion in travel and transportation,
loss of health, life or property from fire, flood, panic or other
dangers.
(3)
Provide for the use of land within the municipality
for residential housing of various dwelling types encompassing all
basic forms of housing, including single-family and two-family dwellings,
and a reasonable range of multifamily dwellings in various arrangements,
mobile homes and mobile home parks, provided, however, that no zoning
district shall be deemed invalid for the failure to provide for any
other specific dwelling type.
(4)
Accommodate reasonable overall community growth, including
population and employment growth, and opportunities for development
of a variety of residential dwelling types and nonresidential uses.
(5)
Carry out the goals and objectives of the Carlisle
Borough Comprehensive Plan, as may be amended.
D.
This chapter has been made in accordance with an overall
program and with consideration for the character of the municipality,
its various parts and the suitability of the various parts for particular
uses and structures.
A.
Minimum and uniform regulations. The regulations set
by this chapter within each district shall be minimum or maximum regulations,
as stated, and shall apply uniformly to each class or kind of structure
or land.
B.
For new uses and structures. In all districts, after
the effective date of this chapter, any new building or other structure
or any tract of land shall be constructed, developed and used only
in accordance with the regulations specified for each district.
C.
For existing uses and structures. In all districts, after the effective date of this chapter, any existing building, other structure, use or any tract of land which is not in conformity with the regulations for the district in which it is located shall be deemed as nonconforming and be subject to the regulations of Article XXVII.
D.
No new uses and structures shall be established, developed and used
in a manner that is inconsistent with or contrary to any streets,
stormwater facilities, or other features or lands identified for future
use as depicted on the Official Map.
[Added 12-11-2014 by Ord.
No. 2212, approved 12-11-2014]
The following minimum and uniform regulations
shall apply in the respective districts:
A.
Use regulations, including uses by right, accessory
uses and uses by special exception.
B.
Area and bulk regulations, including required front,
side and rear yards; maximum permitted height; and allowable lot coverage
requirements in those districts in which they apply.
C.
Off-street parking regulations, including minimum
required parking spaces.
D.
Off-street loading regulations, including minimum
required loading berths for specified uses.
E.
Sign regulations, including their sizes, lighting
and location.
F.
Special regulations dealing with open space, landscaping,
access and traffic control.
G.
Special use regulations deemed necessary to implement
the purpose of this chapter and the Carlisle Comprehensive Plan.
For the purpose of the Carlisle Zoning Ordinance,
the Borough of Carlisle is hereby divided into the following districts:
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R-1
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Low Density Residential District
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R-2
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Medium Density Residential District
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R-3
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High Density Residential District
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R-4
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Town Center Residential District
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R-5
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Traditional Residential District
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OR
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Office Residential District
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C-1
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Central Business District
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C-2
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Shopping Center/Mixed Use District
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C-3
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General Commercial District
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C-4
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Neighborhood Commercial District
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C-5
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Entranceway Business
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I-1
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General Industrial District
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I-2
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Light Industrial District
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UM
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Urban Mixed Use District
[Amended 8-9-2012 by Ord. No. 2168, approved 8-9-2012] |
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I-C
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Industrial-Commercial District
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INS
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Institutional District
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OS
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Open Space District
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FP
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Floodplain area (an overlay district)
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HP
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Historic Preservation District (an overlay district)
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APT
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Airport District (an overlay district)
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Any lot and the open spaces and yards required
on it must equal or exceed the minimum sizes prescribed by this chapter
for the district in which the lot is located.
A.
Adoption of Zoning Map. The areas within the Borough
limits as assigned to each district and the location of boundaries
of the districts established by this chapter are shown upon the Zoning
Map, which, together with all explanatory matter thereon, is declared
to be a part of this chapter and shall be kept on file with the Borough
Secretary. If, and whenever, changes are made in boundaries or other
matters included on the said Zoning Map,[1] such changes in the map shall be made within five days
after the amendment has been approved by the Borough Council, but
failure to make such change within such time shall not invalidate
the change.
[1]
Editor's Note: See the Table of Zoning Map Amendments included at the end of this chapter.
B.
District boundary lines. The district boundary lines
shall be shown on the Zoning Map. District boundary lines are intended
to coincide with lot lines, center lines of street rights-of-way,
the corporate boundary of the Borough or as dimensioned on the map.
Dimensions, where stated, shall take precedence over lot lines. In
case of doubt or disagreement concerning the exact location of the
boundary line, the determination of the Zoning Hearing Board shall
prevail.
C.
Boundary tolerances. Where a district boundary line
divides a single lot of less than 30,000 square feet that was in single
and separate ownership at the effective date of this chapter, the
use regulations applicable to the more restrictive district shall
apply to the lot.
A.
Minimum requirements. The provisions of this chapter
shall be interpreted as the minimum requirements for the promotion
of health, safety, morals and general welfare. Where this chapter
conflicts with any rule, regulation or ordinance, the greater restriction
upon the use of buildings or premises, upon the height or bulk of
a building or upon requiring larger open spaces shall prevail, regardless
of its source.
B.
Uses not specifically regulated. Whenever a use clearly is not permitted by right, by conditional use or by special exception by this chapter anywhere in the Borough, the use is prohibited in the Borough, except that the applicant may apply to the Zoning Hearing Board. The Zoning Hearing Board may permit such use as a special exception if the applicant proves to the satisfaction of the Zoning Hearing Board that the use would clearly be less offensive in impacts and nuisances than permitted uses and be compatible with permitted uses in that district. Also, the applicant shall prove that the proposed use would be compatible with the intent of the district. The Zoning Hearing Board shall use the same criteria as are listed in § 255-197D of this chapter and shall not permit any use that is specifically excluded in the district.
C.
Prohibited uses. Any use not specifically permitted in a district is prohibited in that district, except as is permitted by Subsection B above.
D.
Sketches. Sketches in this chapter are for illustrative
purposes only and are not regulatory.
E.
Interpretation of text and boundaries. The Zoning Officer shall strictly apply the wording of this chapter and the location of all district boundaries to particular applications. In the case of uncertainty by the Zoning Officer, he shall request an interpretation of his specific uncertainty by the Zoning Hearing Board, with the applicant not liable for the application fee for that particular request. An applicant may appeal a determination by the Zoning Officer to the Zoning Hearing Board, in compliance with Article XXVIII and the Borough fee schedule.
A.
The intent of this chapter is to continue the objective
of compatible land use across municipal boundaries.
B.
This chapter requires additional setbacks and the
provision of buffer yards when certain uses would abut an existing
dwelling or a residential or industrial zoning district.
C.
These same setback and buffer yard provisions shall
be provided for uses locating within the Borough of Carlisle if the
abutting existing dwelling or principally residential zoning district
would be located in another municipality.
The requirements of this chapter shall not apply
to uses or structures owned by the Borough of Carlisle nor to uses
or structures owned by those municipal authorities authorized or created
by it to provide governmental or public health and safety services.
The requirements of this chapter do not apply to private uses permitted
by the Borough of Carlisle, or its authorized municipal authorities,
to be conducted on, upon, or in Borough/Authority land or structures.
