[Amended 10-22-1990 by Ord. No. 90-48]
This chapter shall be enforced by the Zoning
Officer, who shall be appointed by and meet the qualifications established
by the Board of Commissioners. It shall be his duty to:
[Added 8-20-2012 by Ord. No. 2012-06]
Residential or nonresidential uses not specifically defined
in the use regulations of the various zoning districts of this chapter
may evolve after the enactment of this chapter or may have been uses
not commonly permitted, defined, or in use at the time of the enactment
of this chapter. Such uses, if determined to be reasonable, appropriate,
and/or legitimate uses, must be provided for in this chapter, and
it is the purpose of this section to provide for all reasonable and
legitimate uses, and to establish a mechanism for including such uses
within the appropriate zoning district of the Township.
A.
The landowner, equitable or otherwise, shall submit a zoning determination
request to the Township Zoning Officer for inclusion of a specific
use within the Zoning Ordinance, along with illustrations and explanatory
information which fully describe the proposed use and the manner in
which the proposed use is substantially different from uses currently
permitted and specifically defined in this chapter.
B.
Upon receipt of the foregoing request, the Zoning Officer shall make a determination as to whether or not the proposed use fits within any currently permitted and defined uses within this chapter. If the Zoning Officer determines that the use is not adequately defined or permitted, he/she shall render an opinion as to which zoning district the use shall be permitted in accordance with the criteria set forth in Subsections C and D of this section. In making the foregoing determination, the Zoning Officer may submit the request to the Planning Commission for an advisory opinion.
C.
All legitimate residential or nonresidential uses not specifically
or adequately described in this chapter shall be allowed in the following
zoning districts based on the class of uses the proposed use falls
under:
(1)
Residential uses shall only be allowed in the R-6 or PA Districts.
Institutional uses shall only be allowed in the PI District.
(2)
Office, commercial or consumer service uses shall only be allowed
in the PB District, provided that the proposed site for such use has
road frontage along Lancaster Avenue.
(3)
Industrial uses shall only be allowed in the PB or PLO Districts.
D.
Once the requested use has been provided for through the allowance of this use in the designated zoning district by the Zoning Officer, such use shall meet the density, area, dimensional and other requirements of that district and shall only be approved as a conditional use pursuant to § 280-134 of this chapter. Such use shall also meet the parking requirements established in § 280-103 of this chapter.
A.
Requirement. A permit shall be required prior to the
erection or alteration of any building, structure or portion thereof,
prior to the use or change in use of a building or land and prior
to the change or extension of a nonconforming use.
B.
Application. Applications for permits shall be made
to the Township on such forms as may be furnished by the Township.
Each application shall contain all information necessary to ascertain
whether the proposed erection, alteration, use or change in use complies
with the provisions of this chapter.
C.
Issuance. No building or use permit shall be issued
until the Zoning Officer has certified that the proposed building
or alteration and the proposed use of the property complies with all
the provisions of this chapter.
D.
Prior
to the issuance of any zoning permit:
[Added 3-14-2011 by Ord. No. 2011-04]
(1)
The Building Permit Officer shall review the application for
the permit to determine if all other necessary government permits
required by state and federal laws have been obtained, such as those
required by the Pennsylvania Sewage Facilities Act (Act 1966-537,
as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the U.S. Clean Water Act, Section 404, 33, U.S.C.
1344. No permit shall be issued until this determination has been
made.
(2)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the Township
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection Regional Office.
(3)
In addition, the Federal Emergency Management Agency and Pennsylvania
Department of Community and Economic Development shall be notified
by the Township prior to any alteration or relocation of any watercourse.
In establishing or developing a Planned Apartment,
Planned Business or Planned Laboratory-Office District, the following
special requirements shall apply:
A.
A request for amendment or, in the case of an area
designated as in PA, PB or PLO District, prior to a specific request,
an application for a building or use permit involving a use other
than a single-family dwelling or a unified group of buildings, shall
be accompanied by:
(1)
A plan or plans for the integrated or overall development of the tract of land or district for which an application is made, which shall comply with the requirements of Chapter 255, Subdivision of Land, and be subject to review by the Planning Commission and approval by the Board of Commissioners in accordance with provisions of Chapter 255, Subdivision of Land.
(2)
Sufficient data in all instances to enable the
Township to determine that the proposed plan and use comply with the
requirements of the district and any other pertinent requirements
of this chapter.
B.
Compliance with plan. Following the issuance of a
permit for construction and use in accordance with approved plans,
no change, deviation or alteration shall thereafter be permitted except
when authorized by the Board of Commissioners upon written application,
which application shall be in the nature of an original application
for a permit. If the lot or tract for which the development has been
approved is sold, the original conditions upon which approval was
granted shall be fulfilled by the new owners.
C.
Renewal of approval. If construction of an approved
planned development is not undertaken within 18 months from the time
that approval was last granted by the Board of Commissioners, the
application for development must be reviewed and renewal of approval
must be obtained.
After the date of adoption of the Zoning Map and of this chapter, with any changes or amendments thereto, no building or premises or any part thereof shall be used or maintained for any purpose other than a use permitted by this chapter, with any changes or amendments thereto, and no building shall be erected, enlarged or maintained except in conformity with the regulations prescribed by this chapter, with any changes or amendments thereto, for the district in which the building is located. Existing nonconforming uses and nonconforming buildings are exempt from these provisions to the extent provided in § 280-101.
