A.
Establishment of zones. The Township of Jackson is divided into zones
enumerated below and shown on the map entitled "Zoning Map of Jackson
Township," which is part of this chapter:[1]
|
AP
|
Agricultural Protection
| |
|
RC
|
Rural Conservation
| |
|
R-1
|
Low-Density Residential
| |
|
R-2
|
Medium-Density Residential
| |
|
R-3
|
High-Density Residential
| |
|
V
|
Village
| |
|
C
|
Commercial
| |
|
I
|
Industrial
| |
|
FW
|
Floodway Overlay
| |
|
FF
|
Flood Fringe Overlay
| |
|
FA
|
General Floodplain Area Overlay
| |
|
UM
|
Underground Mining Overlay
| |
|
AIR-1
|
Airport Safety - 1
| |
|
AIR-2
|
Airport Safety - 2
| |
|
AIR-3
|
Airport Safety - 3
|
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
B.
Boundaries of zones. Where uncertainty exists concerning the boundaries
of the zones as shown on the Zoning Map, the following rules shall
apply:
(1)
Boundaries indicated as approximately following the center lines
of streets, highways, or alleys shall be construed to follow such
center lines.
(2)
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following municipal limits
shall be construed as following municipal limits.
(4)
Boundaries indicated as following railroad lines shall be construed
to be midway between the main tracks.
(5)
Boundaries indicated as following utility lines or rights-of-way
shall be construed to be centered upon such lines or rights-of-way.
(6)
Boundaries indicated as approximately following the center lines
of streams, rivers, or other bodies of water shall be construed to
follow such center lines.
C.
Lots split by boundaries of zones. If a lot is split by a zoning
boundary, the minimum lot area and lot width for the zone in which
the principal building, structure, or use is to be located shall be
applicable to the entire lot.
D.
Federal- and state-owned property. Whenever federally or state-owned
property is included in one or more zoning districts, it shall be
subject to the provisions of this chapter only insofar as permitted
by the Constitutions and laws of the United States of America and
the Commonwealth of Pennsylvania.
A.
Uses permitted. The uses permitted in the zones established by this chapter and the permitted extent of these uses are as shown in §§ 133-9 through 133-19. The uses shown as permitted in each zone are the only uses permitted in that zone. Unless otherwise noted, the use or dimensional standards are the requirements for each use. However,
B.
All other uses. Any use not specifically allowed elsewhere in this
chapter shall be allowed by special exception in the zone or zones
where, and to the extent that, similar uses are permitted or allowed
by special exception, provided that said use meets the requirements
for a special exception and does not constitute a public or private
nuisance.
C.
Accessory uses and structures. Accessory uses and structures shall be permitted in conjunction with the principal uses permitted by this chapter and shall be further subject to the requirements for accessory uses and structures as set forth in Article IV.
D.
Uses with nuisance effect. In no case is a use permitted that, by
reason of noise, dust, odor, appearance, or other objectionable factor,
creates a nuisance, hazard, or other substantial adverse effect upon
the reasonable enjoyment of the surrounding property, unless otherwise
allowed by law, as in the case of agricultural security areas.
E.
Existing and proposed uses. Where a proposed use is to be located
adjacent to or near an existing use, the existing use, as long as
such existing use is determined to be legal, shall not be considered
a nuisance.
A.
Purpose. The primary purpose of the Agricultural Protection Zone
is to maintain and promote the rural character of the land within
this zone. This zone is composed of those areas in the Township whose
predominant land use is rural residential and agricultural. The regulations
of this zone are designed to protect and stabilize the essential characteristics
of these areas, to minimize conflicting land uses detrimental to agricultural
enterprises and to limit development which requires highways and other
public facilities in excess of those required by rural land uses.
B.
Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the AP Zone, subject to applicable regulations of Articles IV and VII of this chapter:
(1)
Single-family detached dwellings or group homes, subject to the following
regulations:
(a)
There may be permitted on each parcel, defined by a deed or
plat of record as it existed on February 5, 2008 (regardless of the
number of individual "tracts" contained therein), the following number
of dwellings or group homes, excluding the prime farmstead:
|
Size of Parcel of Land
(acres)
|
Number of Dwellings or Group Homes Permitted
| |
|---|---|---|
|
0 - 4.99
|
1
| |
|
5 - 14.99
|
2
| |
|
15 - 29.99
|
3
| |
|
30 - 44.99
|
4
| |
|
45 - 59.99
|
5
| |
|
60 - 74.99
|
6
| |
|
75 -- 124.99
|
7
| |
|
125 -- 174.99
|
8
| |
|
175 -- 224.99
|
9
| |
|
225 or more
|
1 additional for each 50 acres over 225 acres
|
(b)
Where two or more contiguous parcels that existed as of February
5, 2008, have been combined to form a single parcel contained in the
same deed, this combination shall be considered to be a new parcel
and shall be entitled to the total number of building rights allowable
under the scale set forth above or the total number of building rights
attributable to the two smaller parcels that were defined by a deed
or plat of record as they existed on February 5, 2008, whichever number
of dwelling rights is less.
(c)
New dwellings or group homes shall be located on lots on lands
which cannot feasibly be farmed due to existing features of the site,
such as rock outcroppings, swamps, the fact that the area is heavily
wooded, or the fact that the slope of the area exceeds 15%, or due
to the fact that the size or shape of the area suitable for farming
is insufficient to permit efficient use of farm machinery. In all
cases, however, such residential lots should be located on the least-agriculturally-productive
land feasible to minimize interference with agricultural production
as identified in the current applicable Jackson Township Comprehensive
Plan.
(d)
A lot on which a new dwelling or group home is to be located
shall not contain more than 1 1/2 acres (65,340 square feet)
unless the physical characteristics of the land itself require a lot
size in excess of 1 1/2 acres. In the event that additional land
is required, the amount of land in excess of 1 1/2 acres shall
be the minimum amount necessary to make the lot suitable for the location
of the proposed dwelling or group home and any on-site sewage disposal
and water supply systems serving that dwelling or group home. The
Board of Supervisors shall determine the propriety of any such oversized
lot, provided that the maximum lot size approved by the Board of Supervisors
shall not exceed two acres in the case of a single-family detached
dwelling or group home. The Board of Supervisors may approve lots
larger than this size in cases of unsubdividable residual land with
no dwelling rights, where unique circumstances exist, such as topography,
location, roads, and the like, which otherwise cause the acreage to
be unusable, and allow it to be included with the last subdivided
lot of a subdivision. In all other cases, any application requesting
a lot size in excess of this amount shall be submitted as a variance
to the Jackson Township Zoning Hearing Board rather than to the Board
of Supervisors. Furthermore, a decision adverse to an applicant by
the Jackson Township Board of Supervisors with respect to lot size
changes within the jurisdiction of the Board of Supervisors shall
not extinguish the applicant's right to make an application to the
Jackson Township Zoning Hearing Board for the same relief.
(e)
A property owner submitting a subdivision plan will be required
to specify on his plan which lot or lots shall carry with them the
right to erect or place any unused quota of dwellings or group homes
his parcel may have.
(f)
All lots contained on one subdivision plan, including all new lots and the residual lot, shall carry with such lot a building right or dwelling right granted by § 133-9B. The residual lot shall contain a building envelope not to exceed two acres, in which shall be placed all residential construction and accessory buildings and structures.
(2)
Agriculture.
(3)
Animal hospital.
(4)
Communications antennas mounted on an existing public utility transmission
tower, building or other structure, including existing communications
towers and communications equipment buildings, provided that the proposed
addition does not exceed the existing public utility transmission
tower, building or other structure by more than 20 feet, or unless
the additional height would create the need for lighting of the structure.
(5)
Farm buildings.
(6)
Farm produce stand.
(7)
Forestry.
(8)
No-impact home-based business.
(9)
Slaughtering, processing, rendering and packaging of food products.
(10)
Stable, riding academy.
(11)
Wildlife preserve.
C.
Uses by special exception. The following uses shall be permitted as special exceptions, limited to one principal use per lot, when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles V and VI of this chapter.
(1)
Bed-and-breakfast inn.
(2)
Cemetery.
(3)
Club room, club grounds, meeting hall. (Any accessory outdoor trap, skeet, rifle, pistol or archery range must comply with the requirements of § 133-112 of this chapter.)
(4)
Domiciliary care home.
(5)
Farm implement sales and service.
(6)
Greenhouse, horticultural nursery.
(7)
Home occupation.
(8)
House of worship.
(9)
Kennel.
(10)
Medical clinic, research laboratory.
(11)
Nonconformity, expansion of.
(12)
Park or other recreation area of a nonprofit nature.
(13)
Public buildings and/or facilities.
[Amended 6-7-2016 by Ord.
No. 210-16]
(14)
Public utility building or service structure.
(15)
Regulated shooting grounds.
(16)
Sawmill operation.
F.
Building height. The building height limit shall be 35 feet, except in the case of farm buildings, in which case there shall be no height limitation, except as set forth in § 133-27 of this chapter.
G.
Lot coverage. The total surface area of all buildings, structures,
paving and any other impervious surfaces shall not exceed 20% of the
lot area.
H.
Open area. Not less than 80% of the lot area shall be devoted to
open area, as defined in this chapter.
I.
Subdivision. When land is transferred from a first parcel to a second
parcel, the second parcel after transfer will contain as many acres
as were contained in the first parcel. Land transferred to a second
parcel shall not subsequently be separated from the second parcel
unless subdivision approval is procured from the Township. Land added
on to another parcel for agricultural purposes does not need to carry
a dwelling right, and such additional land does not serve to increase
the road frontage or dwelling rights of the receiving property for
any further subdivision.
J.
A property owner submitting a subdivision plan shall be required
to specify on the plan which lot or lots shall carry with them the
right to erect or place any unused quota of dwelling units the parcel
may have.
K.
Subsequent owners of any parcel of land legally existing on February 5, 2008, shall be bound by the actions of the previous owners that the current owner may subdivide lots for purposes of additional single-family detached dwellings or group homes only by number of lots, if any, that remain from the original number permitted by § 133-9 of this chapter.
L.
Prime farmstead regulations.
(1)
The prime farmstead shall be considered as an additional dwelling
right.
(2)
In the event that the prime farmstead is not assigned to the residual parcel, the lot may exceed the maximum lot size as set out in § 133-9B(1)(c), but in no event shall it exceed five acres.
A.
Purpose. The purpose of the Rural Conservation Zone is to allow undeveloped
land to be used for very low-density residential, agricultural, recreational,
and conservation purposes, to encourage the preservation of natural
amenities, to protect watershed areas, and to otherwise create conditions
conducive to carrying out the purposes of this chapter.
B.
Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the RC Zone, subject to applicable regulations of Articles IV and VII:
(1)
Agriculture.
(2)
Animal hospital.
(3)
Communications antennas mounted on an existing public utility transmission
tower, building or other structure, including existing communications
towers and communications equipment buildings, provided that the proposed
addition does not exceed the existing public utility transmission
tower, building or other structure by more than 20 feet, or unless
the additional height would create the need for lighting of the structure.
(4)
Farm, farm buildings.
(5)
Farm produce stand.
(6)
Forestry.
(7)
Group home.
(8)
House of worship.
(9)
No-impact home-based business.
(10)
Single-family detached dwelling.
(11)
Wildlife preserves.
C.
Uses by special exception. The following uses, limited to one principal use per lot, shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles V and VI of this chapter.
(1)
Bed-and-breakfast inn.
(2)
Campground.
(3)
Cemetery.
(4)
Club room, club grounds, meeting hall. (Any accessory outdoor trap, skeet, rifle, pistol, or archery range must comply with the requirements of § 133-112 of this chapter.)
(5)
Communications tower and communications equipment buildings.
(6)
Day-care home (family or group).
(7)
Domiciliary care home.
(8)
Farm implement sales and service.
(9)
Greenhouse, horticultural nursery.
(10)
Home occupation.
(11)
Kennel.
(12)
Nonconformity, expansion of.
(13)
Outdoor commercial recreation establishment.
(14)
Park or other recreation area of a nonprofit nature.
(15)
Personal care boarding home.
(16)
Public buildings and/or facilities.
[Amended 6-7-2016 by Ord.
No. 210-16]
(17)
Public utility building or service structure.
(18)
Regulated shooting grounds.
(19)
Sawmill operation.
(20)
School.
(21)
Trap, skeet, rifle, pistol, or archery range (outdoor commercial).
D.
Minimum lot area and width. Lot area and width not less than the
following dimensions shall be provided for each principal use hereafter
established in this zone:*
F.
Building height. The height limit for a principal building or structure shall be three stories but in no case more than 35 feet. The height limit for an accessory building or structure shall be two stories but not over 25 feet. There shall be no height limitation for farm buildings or structures except as provided in § 133-27.
G.
Lot coverage. The total surface area of all buildings, structures,
paving and any other impervious surfaces shall not exceed 25% of the
lot area.
H.
Open area. Not less than 75% of the lot area shall be devoted to
open area, as defined in this chapter.
A.
Purpose. The purpose of the Low-Density Residential Zone is to provide
for the orderly expansion of residential development; to provide for
the public health; and to prevent the overcrowding of land through
the application of maximum housing densities; to provide standards
that will not necessarily require the installation of public facilities
and will encourage the preservation of open space; to provide for
uses that support and do not adversely impact neighboring residences;
to exclude any activities not compatible with residential development;
to provide for the public convenience and avoid undue congestion on
the roads; and to otherwise create conditions conducive to carrying
out the purposes of this chapter.
B.
Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the R-1 Zone, subject to applicable regulations of Articles IV and VII:
(1)
Communications antennas mounted on an existing public utility transmission
tower, building or other structure, including existing communications
towers and communications equipment buildings, provided that the proposed
addition does not exceed the existing public utility transmission
tower, building or other structure by more than 20 feet, or unless
the additional height would create the need for lighting of the structure.
(2)
Forestry.
(3)
Group home.
(4)
No-impact home-based business.
(5)
Single-family detached dwelling.
C.
Uses by special exception. The following uses, limited to one principal use per lot, shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles V and VI of this chapter.
(1)
Bed-and-breakfast inn.
(2)
Day-care center (child or adult) or nursery school.
(3)
Day-care home (family or group).
(4)
Home occupation.
(5)
Nonconformity, expansion of.
(6)
Park or other recreation area of a nonprofit nature.
(7)
Public buildings and/or facilities.
[Amended 6-7-2016 by Ord.
No. 210-16]
(8)
Public utility building or service structure.
(9)
School.
D.
Minimum lot area and width. Lot area and lot width not less than
the following dimensions shall be provided for each principal use
hereafter established in this zone:*
|
Public Water and/or Public Sewer
|
No Public Water and No Public Sewer
| ||||
|---|---|---|---|---|---|
|
Use
|
Lot Area
(square feet)
|
Lot Width
(feet)
|
Lot Area
(acres)
|
Lot Width
(feet)
| |
|
Single-family detached dwellings
|
30,000 per dwelling unit
|
125 per dwelling unit
|
1 (43,560 square feet) per dwelling unit
|
150 per dwelling unit
| |
|
All other uses
|
30,000
|
125
|
1 (43,560 square feet)
|
150
| |
|
*NOTE: Additional lot area may be required if well testing,
soil limitations for on-site sewage disposal, or other factors require
the need for a larger lot.
|
F.
Building height. The height limit for a principal building or structure
shall be three stories, but in no case more than 35 feet. The height
limit for an accessory building or structure shall be one story, but
not over 20 feet.
[Amended 9-6-2011 by Ord. No. 190-11]
G.
Lot coverage. The total surface area of all buildings, structures,
paving and any other impervious surfaces shall not exceed 35% of the
lot area.
H.
Open area. Not less than 65% of the lot area shall be devoted to
open area, as defined in this chapter.
I.
Cluster development. Within the R-1 Zone, clustering of dwelling
units is permitted, provided that the following requirements are met:
(1)
The parcel shall have a minimum size of 10 acres.
(2)
The gross density requirements for uses within a cluster development
shall be the same as for conventional development in the R-1 Zone;
however, the following uses and corresponding lot widths and lot sizes
shall be permitted for cluster development:
|
Dwelling Type
|
Minimum Lot Width
(feet)
|
Minimum Lot Area
(square feet)
| |
|---|---|---|---|
|
Single-family detached dwellings
|
100 per dwelling unit
|
20,000 per dwelling unit
|
(3)
Whenever cluster development is proposed, a sketch plan of the development
as it would appear if designed conventionally must be presented with
the cluster development plan.
(4)
All cluster developments shall be served by public or community sewer
and public water facilities.
(5)
All streets, driveways, and access drives serving cluster developments shall comply with the standards this chapter, Chapter 113, Subdivision and Land Development, and other applicable regulations.
(6)
Open space, individual lot coverage, and open area requirements.
(a)
A minimum of 30% of the parcel shall remain as common open space
apart from the lots on which dwellings are to be located.
(b)
Open space shall, wherever possible, preserve steep slopes,
wetlands, streams, woodlands and similar areas.
(c)
Unless prohibited by topography or physical attributes of the
land, open space areas shall be laid out as large contiguous areas.
If two or more open space areas are proposed, said areas shall be
directly connected. All open space areas shall be accessible from
a public street or public pedestrian walkway or sidewalk.
(d)
The developer must submit a signed, notarized statement concerning
use and maintenance of the open space area(s) that shall include any
and all covenants, restrictions, and agreements pertaining to such
rights and responsibilities. Such covenants and/or agreements shall
be perpetual and must be recorded with the approved plan.
(e)
No development shall occur within the required open space area.
However, open space areas may include recreation equipment, gazebos,
benches, paths, walkways, athletic fields, picnic shelters and similar
structures and activities.
(f)
Required open space shall not include streets, parking areas,
private yards, minimum required spacing between buildings, or required
recreational areas, and similar areas typically used for other specific
purposes.
(8)
Other requirements. In all other respects, dwelling units, accessory
structures, and all other improvements located in cluster developments
shall comply with the provisions of this chapter and all other applicable
regulations.
A.
Purpose. The purpose of the Medium-Density Residential Zone is to
provide for the orderly expansion of residential development; to provide
for the public health; and to prevent the overcrowding of land through
the application of maximum housing densities; to provide standards
that will encourage the installation of public facilities and the
preservation of open space; to provide for uses that support and do
not adversely impact neighboring residences; to exclude any activities
not compatible with residential development; to provide for the public
convenience and avoid undue congestion on the roads; and to otherwise
create conditions conducive to carrying out the purposes of this chapter.
B.
Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the R-2 Zone, subject to applicable regulations of Articles IV and VII:
(1)
Communications antennas mounted on an existing public utility transmission
tower, building or other structure, including existing communications
towers and communications equipment buildings, provided that the proposed
addition does not exceed the existing public utility transmission
tower, building or other structure by more than 20 feet, or unless
the additional height would create the need for lighting of the structure.
(2)
Forestry.
(3)
Group home.
(4)
House of worship.
(5)
No-impact home-based business.
(6)
Single-family detached dwelling.
(7)
Single-family semidetached dwelling.
C.
Uses by special exception. The following uses, limited to one principal use per lot, shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles V and VI of this chapter.
(1)
Bed-and-breakfast inn.
(2)
Cemetery.
(3)
Day-care center (child or adult) or nursery school.
(4)
Day-care home (family or group).
(5)
Home occupation.
(6)
Nonconformity, expansion of.
(7)
Park or other recreation area of a nonprofit nature.
(8)
Public buildings and/or facilities.
[Amended 6-7-2016 by Ord.
No. 210-16]
(9)
Public utility building or service structure.
(10)
School.
D.
Minimum lot area and width. Lot area and lot width not less than
the following dimensions shall be provided for each principal use
hereafter established in this zone:*
|
With Public Water and Public Sewer
|
With Either Public Water or Public Sewer
|
No Public Water and No Public Sewer
| ||||
|---|---|---|---|---|---|---|
|
Use
|
Lot Area
(square feet)
|
Lot Width
(feet)
|
Lot Area
(square feet)
|
Lot Width
(feet)
|
Lot Area
(acres)
|
Lot Width
(feet)
|
|
Single-family detached dwellings; single-family semidetached
dwellings
|
15,000 per dwelling unit
|
100 per dwelling unit
|
25,000 per dwelling unit
|
125 per dwelling unit
|
1 (43,560 square feet) per dwelling unit
|
150 per dwelling unit
|
|
All other uses
|
20,000
|
100
|
25,000
|
125
|
1 (43,560 square feet)
|
150
|
|
*NOTE: Additional lot area may be required if well testing,
soil limitations for on-site sewage disposal, or other factors evidence
the need for a larger lot.
|
F.
Building height. The height limit for a principal building or structure
shall be three stories but in no case more than 35 feet. The height
limit for an accessory building or structure shall be one story but
not over 20 feet.
G.
Lot coverage. The total surface area of all buildings, structures,
paving and any other impervious surfaces shall not exceed 35% of the
lot area.
H.
Open area. Not less than 65% of the lot area shall be devoted to
open area, as defined in this chapter.
I.
Cluster development. Within the R-2 Zone, clustering of dwelling
units is permitted, provided that the following requirements are met:
(1)
The parcel shall have a minimum size of 10 acres.
(2)
The gross density requirements for uses within a cluster development
shall be the same as for conventional development in the R-2 Zone;
however, the following uses and corresponding lot widths and lot sizes
shall be permitted for cluster development.:
|
Dwelling Type
|
Minimum Lot Width
(feet)
|
Minimum Lot Area
(square feet)
| |
|---|---|---|---|
|
Single-family detached dwellings; single-family semidetached
dwellings
|
60 per dwelling unit
|
7,000 per dwelling unit
|
(3)
Whenever cluster development is proposed, a sketch plan of the development
as it would appear if designed conventionally must be presented with
the cluster development plan.
(4)
All cluster developments shall be served by public or community sewer
and public water facilities.
(5)
All streets, driveways, and access drives serving cluster developments shall comply with the standards of this chapter, Chapter 113, Subdivision and Land Development, and other applicable regulations.
(6)
Open space, individual lot coverage, and open area requirements.
(a)
When cluster development consists entirely of single-family
semidetached dwellings and/or single-family detached dwellings, a
minimum of 25% of the parcel shall remain as common open space apart
from the lots on which dwellings are to be located. The maximum lot
coverage on individual lots in instances where the aforementioned
residential use mix is proposed shall be 65%. The minimum open area
requirement for such lots shall be 35%.
(b)
Open space shall, wherever possible, preserve steep slopes,
wetlands, streams, woodlands, and similar areas.
(c)
Wherever possible, open space areas shall be laid out as large
contiguous areas. If two or more open space areas are proposed, said
areas shall be directly connected. All open space areas shall be accessible
from a public street or public pedestrian walkway or sidewalk.
(d)
The developer must submit a signed, notarized statement concerning
use and maintenance of the open space area(s) that shall include any
and all covenants, restrictions, and agreements pertaining to such
rights and responsibilities. Such covenants or agreements shall be
perpetual and must be recorded with the approved plan.
(e)
No development shall occur within the required open space area.
However, open space areas may include recreation equipment, gazebos,
benches, paths, walkways, athletic fields, picnic shelters and similar
structures and activities.
(f)
Required open space shall not include streets, parking areas,
private yards, minimum required spacing between buildings, or required
recreational areas, and similar areas typically used for other specific
purposes.
(8)
Other requirements. In all other respects, dwelling units, accessory
structures, and all other improvements located in cluster developments
shall comply with the provisions of this chapter and all other applicable
regulations.
A.
Purpose. The purpose of the High-Density Residential Zone is to provide
for the orderly expansion of residential development, including all
types of dwelling units; to provide for the public health; and to
prevent the overcrowding of land through the application of maximum
housing densities; to provide standards that will encourage the installation
of public facilities and the preservation of open space; to provide
for uses that support or do not adversely impact neighboring residences;
to exclude any activities not compatible with residential development;
to provide for the public convenience and avoid undue congestion on
the roads; and to otherwise create conditions conducive to carrying
out the purposes of this chapter.
B.
Uses by right. The following uses, limited to one principal use per lot, except in the case of single-family attached dwellings and apartments, are permitted by right in the R-3 Zone, subject to applicable regulations of Articles IV and VII:
(1)
Communications antennas mounted on an existing public utility transmission
tower, building or other structure, including existing communications
towers and communications equipment buildings, provided that the proposed
addition does not exceed the existing public utility transmission
tower, building or other structure by more than 20 feet, or unless
the additional height would create the need for lighting of the structure.
(2)
Forestry.
(3)
Group home.
(4)
Multifamily dwellings and apartments.
(5)
No-impact home-based business.
(6)
Single-family detached dwelling.
(7)
Single-family semidetached dwelling.
(8)
Single-family attached dwellings.
(9)
Two-family detached dwelling.
C.
Uses by special exception. The following uses, limited to one principal use per lot, shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles V and VI of this chapter.
(1)
Bed-and-breakfast inn.
(2)
Club room, club grounds, meeting hall.
(3)
Convalescent home, hospital.
(4)
Day-care center (child or adult) or nursery school.
(5)
Day-care home (family or group).
(6)
Domiciliary care home.
(7)
Group quarters.
(8)
Home occupation.
(9)
Medical clinic, research laboratory.
(10)
Mobile home park.
(11)
Multifamily or two-family conversion.
(12)
Nonconformity, expansion of.
(13)
Park or other recreation area of a nonprofit nature.
(14)
Public buildings and/or facilities.
[Amended 6-7-2016 by Ord.
No. 210-16]
(15)
Public utility building or service structure.
D.
Minimum lot area and width. Lot area and lot width not less than
the following dimensions shall be provided for each principal use
hereafter established in this zone:
[Amended 6-7-2022 by Ord. No. 225-2022]
|
Public Water and Public Sewer
| ||
|---|---|---|
|
Use
|
Lot Area
(square feet)
|
Lot Width
(feet)
|
|
Single-family detached dwellings; single-family semidetached
dwellings; two-family dwellings
|
8,000 per dwelling unit
|
70 per dwelling unit
|
|
Single-family attached dwellings
|
6,000 per dwelling unit
|
30 per dwelling unit
|
|
Multifamily dwellings and apartments
|
6,000 per dwelling unit
|
30 per dwelling unit
|
|
All other uses
|
10,000
|
100
|
E.
Setbacks. Each lot shall have front, side, and rear setbacks not
less than the following:
(1)
Front setback: 30 feet.
(2)
Side setback: 10 feet for all dwelling units except single-family
attached and multifamily dwelling units. Single-family attached dwelling
units shall be 15 feet and multifamily dwelling units shall be 30
feet.
[Amended 6-7-2022 by Ord. No. 225-2022]
(3)
Rear setback: 30 feet.
F.
Building height. The height limit for a principal building or structure
shall be three stories but in no case more than 35 feet; however,
the maximum height limit may be increased to four stories or 45 feet,
provided that each minimum building setback is increased in size one
foot for each additional one foot of building height over 35 feet.
The height limit for an accessory building or structure shall be one
story but not over 20 feet.
G.
Lot coverage. The total surface area of all buildings, structures,
paving and any other impervious surfaces shall not exceed 35% of the
lot area.
H.
Open area. Not less than 65% of the lot area shall be devoted to
open area, as defined in this chapter.
I.
Access
to developments with single-family attached dwellings, multifamily
dwellings and apartments. Where developments include single-family
attached dwellings, multifamily dwellings or apartments, such cluster
developments shall have access to and from the development by means
of an arterial or collector street as designated by the Comprehensive
Plan.
[Added 6-7-2022 by Ord. No. 225-2022[1]]
J.
Cluster development. Within the R-3 Zone, clustering of dwelling
units is permitted, provided that the following requirements are met:
(1)
The parcel shall have a minimum size of 10 acres.
(2)
The gross density requirements of uses within a cluster development
shall be the same as for conventional development in the R- 3 Zone;
however, the following uses and corresponding lots widths and lot
sizes shall be permitted for cluster development:
[Amended 6-7-2022 by Ord. No. 225-2022]
|
Dwelling Type
|
Minimum Lot Width
(feet)
|
Minimum Lot Area
(square feet)
|
|---|---|---|
|
Single-family detached dwellings, single-family semidetached
dwellings and two-family dwellings
|
60 per dwelling unit
|
6,000 per dwelling unit
|
|
Single-family attached dwellings
|
30 per dwelling unit
|
3,000 per dwelling unit
|
|
Multifamily dwellings and apartments
|
100 per building containing dwelling units
|
20,000 per building containing dwelling units
|
(3)
Whenever cluster development is proposed, a sketch plan of the development
as it would appear if designed conventionally must be presented with
the cluster development plan.
(4)
All cluster developments shall be served by public sewer and public
water facilities.
[Amended 6-7-2022 by Ord. No. 225-2022]
(5)
All streets, driveways, and access drives serving cluster developments shall comply with the standards of this chapter, Chapter 113, Subdivision and Land Development, and other applicable regulations. Further, where cluster developments include single-family attached dwellings, multifamily dwellings or apartments, such cluster developments shall have access to and from the development by means of an arterial or collector street as designated by the Comprehensive Plan.
[Amended 6-7-2022 by Ord. No. 225-2022]
(6)
Cluster developments shall be permitted to develop a maximum of 50%
of the total dwelling units as multifamily dwellings, single-family
attached dwellings, or a combination of the two.
(7)
Open space, individual lot coverage, and open area requirements.
(a)
When cluster development consists entirely of single-family
semidetached dwellings and/or two-family dwellings and/or single-family
detached dwellings, a minimum of 25% of the parcel shall remain as
common open space apart from the lots on which dwellings are to be
located. The maximum lot coverage on individual lots in instances
where the aforementioned residential use mix is proposed shall be
65%. The minimum open area requirement for such lots shall be 35%.
(b)
When cluster development consists of a mixture of any of the
dwelling types noted in Subsection I(7)(a) above with multifamily
dwellings and/or single-family attached dwellings, a minimum of 40%
of the parcel shall remain as common open space apart from the lots
on which dwellings are to be located. The maximum lot coverage on
individual lots in instances where the aforementioned residential
use mix is proposed shall be 75%. The minimum open area requirement
for such lots shall be 25%.
(c)
Open space shall, wherever possible, preserve steep slopes,
wetlands, streams, woodlands, and similar areas.
(d)
Whenever possible, open space areas shall be laid out as large
contiguous areas. If two or more open space areas are proposed, said
areas shall be directly connected. All open space areas shall be accessible
from a public street or public pedestrian walkway or sidewalk.
(e)
The developer must submit a signed, notarized statement concerning
use and maintenance of the open space area(s) that shall include any
and all covenants, restrictions, and agreements pertaining to such
rights and responsibilities. Such covenants or agreements shall be
perpetual and must be recorded with the approved plan.
(f)
No development shall occur within the required open space area.
However, open space areas may include recreation equipment, gazebos,
benches, paths, walkways, athletic fields, picnic shelters and similar
structures and activities.
(g)
Required open space shall not include streets, parking areas,
private yards, minimum required spacing between buildings, or required
recreational areas, and similar areas typically used for other specific
purposes.
(9)
Other requirements. In all other respects, dwelling units, accessory
structures, and all other improvements located in cluster developments
shall comply with the provisions of this chapter and all other applicable
regulations.
A.
Purpose. The Village Zone (V) is for medium- to high-density development
that includes a diverse mixture of dwelling types with associated
neighborhood-scale commercial uses and service businesses. New uses
should be consistent in style and build upon the character of the
existing development. Most of this zone is, or can reasonably be,
served by both public water and public sewer. It is generally along
or near major thoroughfares and employment/service areas to maximize
accessibility and convenience. Clustering provisions allow for higher
densities if certain criteria are met. Traditional neighborhood development
(TND) should be encouraged.
B.
Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the V zone, subject to applicable regulations of Articles IV and VII:
C.
Uses by special exception. The following uses, limited to one principal use per lot, except for multifamily or single-family attached dwellings, shall be permitted as special exceptions in the V Zone when authorized by the Zoning Hearing Board (see Articles V and VI):
(1)
Apartment in conjunction with a commercial establishment.
(2)
Bed-and-breakfast inn.
(3)
Club room, club grounds, meeting hall.
(4)
Convalescent home, hospital.
(5)
Day-care center (child or adult) or nursery school.
(6)
Day-care home (family or group).
(7)
Domiciliary care home.
(8)
Group quarters.
(9)
Home occupation.
(10)
House of worship.
(11)
Medical clinic, research laboratory.
(12)
Multifamily or two-family conversion.
(13)
Multifamily or single-family attached dwellings.
(14)
Nonconformity, expansion of.
(15)
Park or other recreation area of a nonprofit nature.
(16)
Personal care boarding home.
(17)
Public buildings and/or facilities.
[Amended 6-7-2016 by Ord.
No. 210-16]
(18)
Public utility building or service structure.
(19)
Restaurant, drive-through or fast-food.
(20)
Restaurant, sit-down.
(21)
Retail or convenience store.
(22)
Rooming house.
(23)
Tavern (not including drive-through).
D.
Minimum lot area and lot width.
(1)
Lot area and lot width (street frontage) not less than the following
dimensions shall be provided for each principal use hereafter established
in the V Zone:*
|
With Public Water and Public Sewer
|
With Either Public Water or Public Sewer
|
No Public Water and No Public Sewer
| ||||
|---|---|---|---|---|---|---|
|
Use
|
Lot Area
(square feet)
|
Lot Width
(feet)
|
Lot Area
(square feet)
|
Lot Width
(feet)
|
Lot Area
(acres)
|
Lot Width
(feet)
|
|
Single-family and two-family dwellings
|
6,000 per dwelling unit
|
60 per dwelling unit
|
25,000 per dwelling unit
|
125 per dwelling unit
|
1 (43,560 square feet) per dwelling unit
|
150 per dwelling unit
|
|
All other uses
|
10,000
|
100
|
25,000
|
125
|
1 (43,560 square feet)
|
150
|
|
*NOTE: Additional lot area may be required if well testing,
soil limitations for on-site sewage disposal, or other factors indicate
the need for a larger lot.
|
F.
Building height. The height limit for a principal building or structure
shall be three stories but in no case more than 35 feet; however,
the maximum height limit may be increased to four stories or 45 feet,
provided that each minimum building setback is increased in size one
foot for each additional one foot of building height over 35 feet.
The height limit for an accessory building or structure shall be one
story but not over 20 feet.
G.
Lot coverage. The total surface area of all buildings, structures,
paving and any other impervious surfaces shall not exceed 50% of the
lot area.
H.
Open area. Not less than 50% of the lot area shall be devoted to
open area, as defined in this chapter.
I.
Cluster development. Within the V Zone, clustering of dwelling units
is permitted, provided that the following requirements are met:
(1)
The parcel shall have a minimum size of 10 acres.
(2)
The gross density requirements for uses within a cluster development
shall be the same as for conventional development in the V Zone; however,
the following uses and corresponding lot width and lot sizes shall
be permitted for cluster development:
|
Dwelling Type
|
Minimum Lot Width
(feet)
|
Minimum Lot Area
(square feet)
| |
|---|---|---|---|
|
Single-family detached dwellings, single-family semidetached
dwellings and two-family dwellings
|
40 per dwelling unit
|
4,500 per dwelling unit
| |
|
Single-family attached dwellings
|
20 per dwelling unit
|
2,000 per dwelling unit
| |
|
Multifamily dwellings
|
100
|
20,000
|
(3)
Whenever cluster development is proposed, a sketch plan of the development
as it would appear if designed conventionally must be presented with
the cluster development plan.
(4)
All cluster developments shall be served by public or community sewer
and public water facilities.
(5)
All streets, driveways, and access drives serving cluster developments shall comply with the standards of this chapter, Chapter 113, Subdivision and Land Development, and other applicable regulations.
(6)
Cluster developments shall be permitted to develop a maximum of 25%
of the total dwelling units as multifamily dwellings, single-family
attached dwellings, single-family semidetached, or a combination of
the three.
(7)
Open space, individual lot coverage and open area requirements.
(a)
When cluster development consists entirely of single-family
semidetached dwellings and/or two-family dwellings and/or single-family
detached dwellings, a minimum of 25% of the parcel shall remain as
common open space apart from the lots on which dwellings are to be
located. The maximum lot coverage on individual lots in instances
where the aforementioned residential use mix is proposed shall be
65%. The minimum open area requirement for such lots shall be 35%.
(b)
When cluster development consists of a mixture of any of the dwelling types noted in Subsection I(7)(a) above with multifamily dwellings and/or single-family attached dwellings, a minimum of 40% of the parcel shall remain as common open space apart from the lots on which dwellings are to be located. The maximum lot coverage on individual lots in instances where the aforementioned residential use mix is proposed shall be 75%. The minimum open area requirement for such lots shall be 25%.
(c)
Open space shall, wherever possible, preserve steep slopes,
wetlands, streams, woodlands and similar areas.
(d)
Whenever possible, open space areas shall be laid out as large
contiguous areas. If two or more open space areas are proposed, said
areas shall be directly connected. All open space areas shall be accessible
from a public street or public pedestrian walkway or sidewalk.
(e)
The developer must submit a signed, notarized statement concerning
use and maintenance of the open space area(s) which shall include
any and all covenants, restrictions, and agreements pertaining to
such rights and responsibilities. Such covenants and/or agreements
shall be perpetual and must be recorded with the approved plan.
(f)
No development shall occur within the required open space area.
However, open space areas may include recreation equipment, gazebos,
benches, paths, walkways, athletic fields, picnic shelters, and similar
structures and activities.
(g)
Required open space shall not include streets, parking areas,
private yards, minimum required spacing between buildings, or required
recreational areas, and similar areas typically used for other specific
purposes.
(9)
Other requirements. In all other respects, dwelling units, accessory
structures and all other improvements located in cluster developments
shall comply with the provisions of this chapter and all other applicable
regulations.
J.
Traditional neighborhood development.
(1)
Purpose and intent. The purpose of this section is to allow the optional
development and redevelopment of land consistent with the design principles
of traditional neighborhoods. A traditional neighborhood development
(TND):
(a)
Is compact;
(b)
Is designed for the human scale;
(c)
Provides a mix of uses, including complementary residential,
commercial, civic, and open space uses, in close proximity to one
another within the neighborhood in order to facilitate human interactions
and opportunities to meet daily retail, office, and service needs
within walking distance of residences;
(d)
Provides a mix of housing styles, types, and sizes to accommodate
households of all ages, sizes, and incomes;
(e)
Incorporates a system of interconnected streets with sidewalks,
bikeways, and/or transit that offer multiple routes for motorists,
pedestrians, and bicyclists and provides for the connections of those
streets to existing and future developments;
(f)
Retains existing buildings with historical features or architectural
features that enhance the visual character of the community;
(g)
Incorporates significant environmental features into the design
and provides green space and recreational opportunities;
(h)
Contains buildings which are oriented toward and define the
streetscape; and
(i)
Is consistent with the Jackson/Paradise Joint Comprehensive
Plan.
(2)
Applicability.
(a)
Traditional neighborhood development may be developed on 10
acres or more of contiguous land under single ownership at any location
within the Village District.
(b)
A TND shall contain a minimum of 30 acres in order to contain
listed commercial uses. The Board of Supervisors may allow commercial
uses within smaller TNDs via the land development plan approval process
if the site of the TND is considered appropriate for commercial development
by location, access, and market analysis. The Supervisors may also
deny commercial uses in a TND 30 acres or larger via the land development
plan review if the commercial uses proposed would have a detrimental
effect on the TND, surrounding neighborhoods or properties, or streets
abutting the TND and/or such commercial development is not supported
by market analysis.
(c)
Whenever TND is proposed, a sketch plan of the development as
it would appear if designed conventionally must be presented with
the TND development plan.
(3)
Design standards.
(a)
Mix of uses. In order to achieve the proximity necessary to
make neighborhoods walkable, it is important to mix land uses. A traditional
neighborhood development shall consist of a mix of residential uses,
a community center, and open space as listed below:
[1]
Residential uses. A mix of residential dwelling types shall
be provided.
[b]
The minimum and maximum percentage of dwelling
unit types in the TND is as follows, according to the size of the
TND:
|
TND Greater than 30 Acres
(percentage of total dwelling units in TND)
|
TND 30 Acres or Less
(percentage of total dwelling units in TND)
| |||
|
Use
|
Minimum
|
Maximum
|
Minimum
|
Maximum
|
|
Single-family detached
|
50%
|
70%
|
50%
|
70%
|
|
Single-family semidetached
|
10%
|
30%
|
10%
|
30%
|
|
Townhouse
|
10%
|
30%
|
10%
|
20%
|
|
Multifamily
|
10%
|
20%
|
5%
|
10%
|
|
Live/work
|
—
|
10%
|
—
|
10%
|
|
Mixed-use
|
5%
|
10%
|
—
|
10%
|
[2]
A community center, composed of a mix of commercial, residential,
civic or institutional, and open space uses as identified below, must
be provided in a traditional neighborhood development of 50 acres
or more in size.
[a]
The development shall be planned so that dwelling
units are within 1/2 mile of the community center. The community center
is intended as a mixed-use area to provide uses which meet the retail
and service needs of residents within the TND and surrounding residential
development and provide compatible public and institutional uses of
community-wide importance. Drive-through facilities and drive-in service
are not permitted. Mixed-use buildings and live/work buildings are
permitted.
[b]
The location of commercial uses is subject to land
development plan approval by the Board of Supervisors and may be allowed
on the periphery of the TND site if designed to serve other residential
developments in addition to the TND. Such periphery commercial uses
shall be buffered from surrounding residential areas in a manner subject
to approval by the Board of Supervisors. Nonresidential uses intended
to serve an area beyond the TND itself shall be located to permit
vehicular access from outside the TND to minimize traffic passing
through neighborhood residential areas.
[i]
Commercial uses in the community center. Individual
businesses shall not exceed 2,500 square feet in size. The following
pedestrian-oriented uses are permitted:
[A]
Food services (neighborhood grocery stores, butcher
shops, bakeries, restaurants, delicatessens, cafes, confectionery,
coffee shops, and neighborhood bars or pubs).
[B]
Retail uses (florists, hardware stores, news and
stationery stores, bookstores, studios and shops of artists and artisans,
pharmacies, music or video stores, and neighborhood retail store without
gasoline service).
[C]
Services (day-care centers; music, dance or exercise
studios; health salons; professional and medical offices; barber;
hair salon; dry-cleaning shop; self-service laundry; and bank or other
financial institution).
[D]
Accommodations (bed-and-breakfast establishments,
small hotels or inns).
[ii]
Residential uses in the community center:
[iii]
Civic or institutional uses in the community
center. Civic or institutional uses shall abut or be visible from
a common open space area or park.
[c]
In addition to the open spaces within the community
center, open spaces shall be incorporated elsewhere in the traditional
neighborhood development. The TND shall contain a central common open
space area of a minimum of 20,000 square feet in size and smaller
common open space areas of a minimum of 5,000 square feet in size.
In no case shall the central common open space area be less than 1.5%
of the gross acreage of the TND, provided that in the case of a TND
substantially larger than the minimum required size, the Board of
Supervisors may allow a lesser percentage. Each neighborhood shall
contain as its central focus at least one common open space area or
park. The size, distribution, and number of greens are subject to
approval by the Board of Supervisors.
[3]
Open space uses identified below shall be incorporated in the
traditional neighborhood development as appropriate. Large outdoor
recreation areas should be located at the periphery of neighborhoods
rather than central locations. The design of the TND shall maximize
the visibility of open spaces as vistas and perimeter greenbelts.
(b)
TND standards.
[1]
Common open space. At least 30% of the gross acreage of the
traditional neighborhood development must be common open space. At
least 25% of the common open space must be common open space devoted
to usable parks, greens, playgrounds, and tot lots. Ninety percent
of the lots within the areas devoted to residential uses shall be
within 1/4 mile from common open space. Large outdoor recreation areas
should be located at the periphery of neighborhoods rather than central
locations.
[2]
Density. The overall density of the development shall not exceed
5.5 dwelling units per acre. For each affordable housing unit as defined
herein, one additional dwelling unit shall be permitted up to a maximum
density of 6.5 dwelling units per acre. The applicant shall demonstrate
that the affordable housing units will be sold or rented at a market
rate for the target population and shall provide acceptable arrangements
for retaining those units for the target population at the time of
resale or rerenting. Affordable housing units shall blend into the
neighborhood in design and appearance and be interspersed throughout
the neighborhood rather than concentrated in a particular section.
[3]
Commercial space. Where commercial uses are permitted by the
Township Supervisors, the minimum and maximum total ground floor areas
of commercial uses, as a percentage of the traditional neighborhood
development, are as follows:
|
Ground Floor Area of Commercial Uses
| |||
|---|---|---|---|
|
Size of TND
|
Minimum
|
Maximum
| |
|
10 to 30 acres
|
1%
|
3%
| |
|
Greater than 30 acres
|
0.6%
|
5%*
| |
|
*NOTE: Provided that the maximum ground floor area shall be
85,000 square feet.
|
[4]
Lot and block standards.
[a]
Block and lot size diversity. A variety of lot
sizes should be provided that allows diverse housing choices.
[b]
Lot dimensions, setbacks, and coverages shall be
as follows, except as otherwise noted in the subsection regarding
the community center area or below:
|
Minimum Lot Size
(square feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Impervious Lot Coverage
| |
|---|---|---|---|---|---|---|
|
Single-family detached dwelling
|
4,400
|
40
|
10
|
5 on one side; 15 total
|
5
|
65%
|
|
Single-family semidetached dwelling (per unit)
|
3,500
|
35
|
10
|
5 on one side; 15 total
|
5
|
70%
|
|
Townhouse outside community center
|
2,400
|
24
|
10
|
10 at end of row
|
5
|
70%
|
|
Townhouse within community center
|
1,200
|
24
|
0
|
0
|
0
|
100%
|
|
Multifamily building
|
4,000
|
40
|
10
|
10
|
5
|
65%
|
|
Mixed-use building
|
1,200
|
24
|
10
|
10
|
5
|
70%
|
|
Commercial building
|
2,000
|
20
|
10
|
5 when not attached
|
10
|
75%
|
|
Commercial building abutting residential properties
outside the TND, if permitted by the Board of Supervisors
|
10,000
|
60
|
25
|
20
|
25
|
70%
|
[5]
Building setbacks in community center area.
[a]
Structures in the community center area have no
minimum setback. Commercial and civic or institutional buildings should
abut the sidewalks in the community center area.
[6]
Setbacks from tract boundaries. All buildings shall be set back
a minimum of 50 feet from tract boundaries. Where a road forms a tract
boundary, the 50 feet shall be measured from the street right-of-way
line. All common parking areas shall be set back a minimum of 20 feet
from tract boundaries and screened from view of surrounding properties.
When townhouses and apartments are located within 100 feet of a tract
boundary and the abutting land is used for single-family detached
dwellings, a planting screen shall be placed along the tract boundary
between the townhouses and apartments and the single-family detached
dwellings.
[7]
Public sanitary sewer and public water service are required.
[8]
A green space of at least 25 feet in width shall be maintained
along any tract boundary which abuts lots with existing single-family
detached dwellings. Such green space shall be landscaped in accordance
with a landscape plan approved by the Board of Supervisors.
[9]
The total impervious coverage within the TND shall not exceed
45% of the gross tract area.
(c)
Architectural standards.
[1]
Guidelines for existing structures. If existing structures have
been determined to be historic or architecturally significant, they
shall be protected from demolition or encroachment by incompatible
structures or landscape development. The United States Secretary of
the Interior's Standards for Rehabilitation of Historic Properties
shall be used as the criteria for renovating historic or architecturally
significant structures.
[2]
Guidelines for new structures.
[a]
Height. New structures within a traditional neighborhood
development shall be no more than three stories and 35 feet for single-family
detached dwellings, single-family semidetached dwellings, and townhouses,
or three stories and 45 feet for commercial, apartment, mixed-use
buildings, and live/work buildings.
[b]
Entries and facades.
[i]
The architectural features, materials, and the
articulation of a façade of a building shall be continued on
all sides visible from a public street, courtyard, common open space
area, or park.
[ii]
The front façade of the principal building
on any lot in a traditional neighborhood development shall face onto
a street, or a common open space area, courtyard, or park, or other
common area if rear access is provided.
[iii]
The front façade shall not be oriented
to face directly toward a parking lot, except when commercial uses
are permitted to do so by the Board of Supervisors.
[iv]
Architectural elements shall define the front
entrance to all residences.
[v]
New structures on the same street shall have compatible
architecture.
[vi]
All residential, commercial, live/work and mixed-use
buildings in a neighborhood shall be compatible and form an integrated
streetscape.
[vii]
Garages shall be placed along alleys, unless
an alternative is approved by the Board of Supervisors such as: garages
not served by an alley shall have an architectural treatment or placement,
such as being set back from the front of the house or rotated so that
the garage doors do not face any adjacent streets, to minimize the
visual impact of the garage.
[viii]
The façade of any building or row of
buildings facing a street shall incorporate windows and contain surface
treatments to create visual interest and break up visual massing of
building facades.
[3]
Preparation and approval of architectural standards. Prior to
final approval of the subdivision plan for a TND by the Township,
the applicant shall prepare architectural standards which will apply
within the TND. These standards are subject to approval by the Board
of Supervisors. The applicant shall also create and permanently maintain
a town architect's office (TAO). The TAO shall approve all building
design pursuant to the approved architectural standards prior to the
issuance of a building permit by the Township. Architectural elevation
drawings of all typical residential and nonresidential dwellings and
buildings shall be provided to the Township as part of the development
application. The style of architectural details, such as but not limited
to window fenestration, roof pitch, door style, porch design, and
façade materials and colors, shall be subject to Township approval.
[4]
Exterior signage. A comprehensive sign program subject to the
approval of the Board of Supervisors is required for the entire TND
in order to establish a uniform theme. Signs shall share a common
style (such as shape or material). In the community center area, signs
shall be wall signs, projecting signs, or awning signs. Projecting
signs shall be mounted perpendicular to the building face and shall
not exceed eight square feet. Wall signs shall be sized and placed
to fit within the architectural elements but shall not exceed 16 square
feet. Awning signs shall maintain a clear height of at least 10 feet
and a maximum of six feet in depth out in front of the building. Material
shall be canvas cloth or an equivalent material, but in no case shall
shiny or reflective material as well as metal, plastic, or glass be
permitted. Lettering shall be limited to 12 inches vertically. Illumination
of any sign shall be from a concealed indirect source only.
(d)
Circulation standards. The circulation system shall provide
for different modes of transportation. The circulation system shall
provide functional links within the residential neighborhoods, community
center area, and open space and shall be connected to existing and
proposed external development when required by the Township. The circulation
system shall provide adequate traffic capacity, provide connected
pedestrian and bicycle routes (especially off-street bicycle or multi-use
paths or bicycle lanes on the streets), and promote safe and efficient
mobility through the traditional neighborhood development.
[1]
Pedestrian circulation. Convenient pedestrian circulation systems
that minimize pedestrian -- motor vehicle conflicts shall be provided
continuously throughout the traditional neighborhood development.
Where feasible and appropriate, any existing pedestrian routes through
the site shall be preserved and enhanced. All streets, except for
alleys, shall be bordered by sidewalks on both sides unless otherwise
permitted by the Board of Supervisors. The following provisions also
apply:
[a]
Residential sidewalks. Clear and well-lighted sidewalks,
three to five feet in width, depending on projected pedestrian traffic,
shall connect all dwelling entrances to the adjacent public sidewalk.
[b]
Community center sidewalks. Clear and well-lit
walkways shall connect building entrances to the adjacent public sidewalk
and to associated parking areas. Such walkways shall be a minimum
of five feet in width.
[c]
Disabled accessibility. Sidewalks shall comply
with the applicable requirements of the Americans with Disabilities
Act.
[d]
Crosswalks. Intersections of sidewalks with streets
shall be designed with clearly defined edges. Crosswalks shall be
well-lit and clearly marked with contrasting paving materials at the
edges or with other method approved by the Board of Supervisors.
[2]
Bicycle circulation. Bicycle circulation shall be accommodated
on streets and/or on dedicated bicycle paths. Where feasible and appropriate,
any existing bicycle routes through the site shall be preserved and
enhanced. Facilities for bicycle travel may include off-street bicycle
paths (generally shared with pedestrians and other nonmotorized users)
and separate, striped, four-foot bicycle lanes on streets. If a bicycle
lane is combined with a lane for parking, the combined width shall
be 12 feet.
[3]
Public transit access. Where public transit service is available
or planned, convenient access to transit stops shall be provided.
Where transit shelters are provided, they shall be placed in highly
visible locations that promote security through surveillance and shall
be well-lighted.
[4]
Motor vehicle circulation. Motor vehicle circulation shall be
designed to minimize conflicts with pedestrians and bicycles. Traffic-calming
features may be used to encourage slow traffic speeds.
[5]
Street hierarchy. Each street within a traditional neighborhood
development shall be classified according to the following (arterial
streets should not bisect a traditional neighborhood development):
[a]
Collector. This street provides access to commercial
or mixed-use buildings, but it is also part of the major street network.
On-street parking, whether diagonal or parallel, helps to slow traffic.
Additional parking is provided in lots to the side or rear of buildings.
[b]
Local street. This street provides primary access
to individual residential properties. Traffic volumes are relatively
low.
[c]
Alley. These streets provide secondary access to
residential properties. Alleys may also provide delivery access or
alternate parking access to commercial properties.
|
Table 1
Attributes of Streets in a Traditional Neighborhood Development1
| |||
|---|---|---|---|
|
Collector
|
Local Street
|
Alley
| |
|
Auto travel lanes
|
2 or 3 12-foot lanes
|
2 10-foot lanes
|
2 8-foot lanes for 2-way traffic, or 1 12-foot lane for 1-way
traffic
|
|
Bicycle lanes
|
2 4-foot lanes combined with parking lanes
|
None
|
None
|
|
Parking
|
None, 1, or both sides, 8 feet wide each side
|
None, 1, or both sides, 8 feet wide each side
|
None (access to individual drives and garages outside right-of-way)
|
|
Curb and gutter
|
Required
|
Required
|
Not required
|
|
Planting strips*
|
Minimum 5 feet
|
Minimum 5 feet
|
None
|
|
Sidewalks
|
Both sides, 5 feet minimum
|
Both sides, 3 to 5 feet
|
None
|
|
NOTES:
|
|---|
|
1 The Board of Supervisors may allow
variation or relief from these standards. The Board of Supervisors
may also allow alternative roadway concepts, such as one-way streets
and yield streets.
|
|
*Planting strips are not required in community center areas
when permission is granted by the Board of Supervisors.
|
[6]
Street layout. The traditional neighborhood development should
maintain the existing street grid, where present, and restore any
disrupted street grid where feasible, and shall propose an interconnected
street grid pattern. Culs-de-sac are prohibited, unless specific permission
is granted by the Board of Supervisors.
[a]
Street orientation.
[i]
The orientation of streets should enhance the visual
impact of common open spaces and prominent buildings. All streets
shall terminate at other streets or at public lands, public streetscape
features, specifically designed building façades, or gateways
to public space, except local streets may terminate in stub streets
when such streets act as connections to future phases of the development.
Local streets may terminate other than at other streets or public
lands when there is a connection to the pedestrian and bicycle path
network at the terminus.
[ii]
Alleys shall not form the boundary of a park,
common open space area, or greenbelt unless approved by the Board
of Supervisors. If approved, the Supervisors may require that a wall
or other screen a minimum of six feet in height be used for separation.
[iii]
Generally, there shall be a continuous network
of alleys to the rear of lots within the TND, unless otherwise permitted
by the Board of Supervisors.
[iv]
To prevent the buildup of vehicular speed, disperse
traffic flow, and create a sense of visual enclosure, long, uninterrupted
segments of straight streets shall be avoided. Streets shall be interrupted
by intersections, a vista, or a notable street curve, or other traffic-calming
means acceptable to the Board of Supervisors.
[7]
Parking requirements.
[a]
In the community center, any parking lot shall
be located at the rear or side of a building. If located at the side,
landscaping acceptable to the Board of Supervisors shall be provided
along the perimeter of the parking lot.
[b]
A parking lot or garage may not be adjacent to
or opposite a street intersection, be adjacent to greens or parks,
or occupy lots which terminate at a vista.
[c]
Parking lots or garages must provide not less than
one bicycle parking space for every 10 motor vehicle parking spaces.
[d]
Adjacent on-street parking to a lot or building
may apply toward the minimum parking requirements.
[e]
Adjacent parking lots shall have vehicular connections.
[f]
Off-street parking may be located within 600 feet
(measured along a publicly accessible route) from the lot containing
the use to which the parking is accessory. The lot containing the
parking shall be owned or leased by the owner of the principal use,
or the lot containing the parking shall be dedicated to parking as
long as the use to which it is accessory shall continue and it is
owned by an entity capable of assuring its maintenance as accessory
parking.
[8]
Service access. Access for service vehicles should provide a
direct route to service and loading dock areas, while avoiding movement
through parking areas. Loading areas shall not be visible from public
streets. Trash disposal areas shall be located within buildings or
an opaque screened area which hides the trash and is located to the
side or rear of the building.
[9]
Outdoor lighting.
[a]
Streetlighting shall be provided along all streets
in a manner acceptable to the Township Supervisors. Generally, more,
smaller lights, as opposed to fewer, high-intensity lights, should
be used, and streetlights shall be installed on both sides of the
street at intervals of no greater than 75 feet, unless alternative
schemes are approved by the Supervisors. The design of lighting shall
be compatible with the architecture of the TND.
[b]
Exterior lighting shall not cast glare onto adjacent
properties, and the design of such lighting is subject to the approval
of the Board of Supervisors.
(e)
Landscaping and screening standards. The composition and location
of landscaping shall complement the scale of the development and its
surroundings. An overall landscaping scheme shall be prepared and
is subject to approval by the Board of Supervisors. Earthen berms
may be incorporated into the landscaping scheme. The following are
minimum standards:
[1]
General screening. Where screening is required by this chapter,
it shall be at least three feet in height, unless otherwise specified.
Required screening shall be at least 50% opaque throughout the year.
Required screening shall be satisfied by one or some combination of
a decorative fence not less than 50% opaque behind a continuous landscaped
area, a masonry wall, or a hedge.
[2]
Street trees. A minimum of one deciduous canopy tree per 40
feet of street frontage, or fraction thereof, shall be required. Spacing
will be determined by the species type. Large maturing trees shall
generally be planted along residential streets and along parks, greens,
greenbelts, and civic structures. Small maturing trees shall generally
be planted along nonresidential and mixed-use streets. Trees can be
clustered and do not need to be evenly spaced. Trees should preferably
be located between the sidewalk and the curb, within the landscaped
area of a boulevard, or in tree wells installed in pavement or concrete.
If placement of street trees within the right-of-way will interfere
with utility lines, or if required by the Board of supervisors, trees
may be planted within the front yard setback adjacent to the sidewalk.
[3]
Parking area landscaping and screening.
[a]
All parking and loading areas fronting public streets
or sidewalks and all parking and loading areas abutting residential
uses shall provide:
[b]
Parking area interior landscaping. The corners
of parking lots, islands, and all other areas not used for parking
or vehicular circulation shall be landscaped. Vegetation can include
turf grass, native grasses or other perennial flowering plants, vines,
shrubs or trees. Such spaces may include architectural features such
as benches, kiosks or bicycle parking.
[4]
Installation and maintenance of landscaping materials.
[a]
All landscape materials shall be installed to current
industry standards.
[b]
Maintenance and replacement of landscape materials
shall be the responsibility of the property owner, homeowners' association,
or condominium association. Landscape maintenance should incorporate
environmentally sound management practices, including the use of water-
and energy-efficient irrigation systems such as drip irrigation, pruning
primarily for plant health and public safety, and replacing dead materials
annually.
[c]
Plantings in immediate proximity to buildings shall
respect architectural design. Plantings toward the street shall not
obscure important buildings and shall respect views to and from streets,
porches, walks, and public open spaces.
(f)
Stormwater management. The design and development of the traditional
neighborhood development should minimize off-site stormwater runoff,
promote on-site filtration, and minimize the discharge of pollutants
to ground- and surface water. Natural topography and existing land
cover shall be maintained/protected to the maximum extent practicable
and desirable.
A.
Purpose. The purpose of the Commercial Zone is to provide reasonable
standards for the development of commercial uses in areas where such
uses already exist and where, due to the character of undeveloped
land, the development of commercial uses is feasible. This district
and its standards are designed to allow for a cluster of commercial
uses while avoiding congestion and to provide buffer yards, screen
plantings, and other such protection necessary to separate residential
from commercial areas.
B.
Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the C Zone, subject to applicable regulations of Articles IV and VII:
(1)
Animal hospital.
(2)
Club room, club grounds, meeting hall (not including accessory outdoor
trap, skeet, rifle, pistol, or archery range).
(3)
Commercial recreation establishment (e.g., theater, bowling alley,
arcade).
(4)
Commercial school.
(5)
Communications antennas mounted on an existing public utility transmission
tower, building or other structure, including existing communications
towers and communications equipment buildings, provided that the proposed
addition does not exceed the existing public utility transmission
tower, building or other structure by more than 20 feet, or unless
the additional height would create the need for lighting of the structure.
(6)
Contractors' office or shop.
(7)
Day-care center (child or adult) or nursery school.
(8)
Financial institution.
(9)
Forestry.
(10)
Funeral home.
(11)
Greenhouse, horticultural nursery.
(12)
Health fitness center or tanning salon.
(13)
Home occupation.
(14)
House of worship.
(15)
Laundry and dry-cleaning establishment.
(16)
No-impact home-based business.
(17)
Personal service business.
(18)
Professional or business office.
(19)
Retail or convenience store.
(20)
Wholesale establishment.
C.
Uses by special exception. The following uses, limited to one principal use per lot, shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide the requests for such uses according to criteria established in Articles V and VI of this chapter.
(1)
Adult-oriented facility.
(2)
Apartment in conjunction with a commercial establishment.
(3)
Automobile and/or recreational vehicle and/or trailer sales, automobile
body shop and/or automobile garage.
(4)
Automobile washing facility.
(5)
Bed-and-breakfast inn.
(6)
Building materials sales.
(7)
Commercial parking lot or building.
(8)
Communications towers and communications equipment buildings.
(9)
Convalescent home, hospital.
(10)
Farm implement sales and service.
(11)
Halfway house.
(12)
Medical clinic, research laboratory.
(13)
Mini-storage facility.
(14)
Mobile home sales lot.
(15)
Motel, hotel.
(16)
Nonconformity, expansion of.
(17)
Open-air retail.
(18)
Public buildings and/or facilities.
[Amended 6-7-2016 by Ord.
No. 210-16]
(19)
Public or semipublic parking lot or garage.
(20)
Public utility building or service structure.
(21)
Restaurant (drive-through or fast-food).
(22)
Restaurant (sit-down).
(23)
Service station or convenience store dispensing fuel.
(24)
Shopping center, shopping mall, or shopping plaza.
(25)
Tavern.
(26)
Transportation (passenger) terminal (does not include public
transit stops along public streets).
D.
Minimum lot area and width. Lot area and lot width not less than
the following dimensions shall be provided for each principal use
hereafter established in this zone:*
|
Public Water and Public Sewer
|
Public Water or Public Sewer
|
No Public Water and No Public Sewer
| ||||
|---|---|---|---|---|---|---|
|
Lot Area
(square feet)
|
Lot Width
(feet)
|
Lot Area
(square feet)
|
Lot Width
(feet)
|
Lot Area
(acres)
|
Lot Width
(feet)
| |
|
8,000
|
70
|
30,000
|
125
|
1 (43,560 square feet)
|
150
| |
|
*NOTE: Additional lot area may be required if well testing,
soil limitations for on-site sewage disposal, or other factors evidence
the need for a larger lot.
|
F.
Building height. The height limit for a principal building or structure
shall be three stories but in no case more than 35 feet; however,
the maximum height limit may be increased to five stories or 50 feet,
provided that each minimum building setback is increased in size one
foot for each additional one foot of building height over 35 feet.
The height limit for an accessory building or structure shall be two
stories but not over 25 feet.
G.
Lot coverage. The total surface area of all buildings, structures,
paving and any other impervious surfaces shall not exceed 75% of the
lot area.
H.
Open area. Not less than 25% of the lot area shall be devoted to
open area, as defined in this chapter.
A.
Purpose. The Industrial Zone is established in order to permit and
encourage industries that will be so located and designed as to constitute
harmonious and appropriate development, contribute to the soundness
of the economic base, and otherwise further the purposes of this chapter.
In promoting these and the general purposes of this chapter, the specific
intent of this section is:
(1)
To encourage the development of and continued use of land for industrial
purposes.
(2)
To prohibit any use that would substantially interfere with the development,
continuation, or expansion of industrial uses in the district.
(3)
To establish reasonable standards for buildings and other structures,
the areas and dimensions of yards and other open spaces, and the provision
of facilities to minimize air and water pollution, noise, glare, heat,
vibration, and fire and safety hazards.
B.
Uses by right. The following uses, limited to one principal use per lot, are permitted by right in the I Zone, subject to applicable regulations of Articles IV and VII:
(1)
Building material sales.
(2)
Communications antennas mounted on an existing public utility transmission
tower, building or other structure, including existing communications
towers and communications equipment buildings, provided that the proposed
addition does not exceed the existing public utility transmission
tower, building or other structure by more than 20 feet, or unless
the additional height would create the need for lighting of the structure.
(3)
Contractor's office and/or shop.
(4)
Forestry.
(5)
Heavy storage sales and/or service (includes wholesale establishment).
(6)
Home occupation.
(7)
Industrial activities.
(8)
Multi- or single-tenant professional office building.
(9)
No-impact home-based business.
(10)
Offices associated with permitted uses not considered as a separate
principal use.
C.
Uses by special exception. The following uses, limited to one principal use per lot, shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles V and VI of this chapter.
(1)
Airport, airstrip.
(2)
Automobile washing facility.
(3)
Automobile wrecking, junkyard.
(4)
Communications towers and communications equipment buildings.
(5)
Greenhouse, horticultural nursery.
(6)
Heliport.
(7)
Industrial park.
(8)
Mini-storage facility.
(9)
Motel, hotel.
(10)
Natural extraction industry.
(11)
Nonconformity, expansion of.
(12)
Public buildings and/or facilities.
[Amended 6-7-2016 by Ord.
No. 210-16]
(13)
Public or semipublic parking lot or garage.
(14)
Public utility building or service structure.
(15)
Medical Clinic, research laboratory.
[Amended 9-6-2011 by Ord. No. 190-11]
(16)
Sawmill operation.
(17)
Solid waste disposal and/or processing facility.
(18)
Truck or motor freight terminal.
D.
Minimum lot area and width. Lot area and lot width not less than
the following dimensions shall be provided for each principal use
hereafter established in this zone:*
F.
Building height. The height limit for a principal building or structure
shall be 50 feet. The height limit for an accessory building or structure
shall be 25 feet.
G.
Lot coverage. The total surface area of all buildings, structures,
paving and any other impervious surfaces shall not exceed 75% of the
lot area.
H.
Open area. Not less than 25% of the lot area shall be devoted to
open area, as defined in this chapter.
I.
Access. Adequate access to all industrial uses shall be provided.
Traffic entrances and exits shall be at a sufficient distance or appropriately
buffered from residential dwellings so that truck noise and vibration
will be minimized.
K.
Harmful or unpleasant effects. Satisfactory provisions shall be made
to minimize harmful or unpleasant effects (noise, odors, fumes, glare,
vibration, smoke, vapors or gases, electrical emissions, and industrial
wastes) associated with industrial uses.
A.
Purpose. The purpose of these zones is to prevent the loss of property
and life, creation of health and safety hazards, disruption of commerce
and governmental services, extraordinary and unnecessary expenditure
of public funds for flood protection and relief, and the impairment
of the tax base by:
(1)
Regulating uses, activities, and development which, acting alone
or in combination with other existing or future uses, activities and
development, will cause unacceptable increases in flood heights, velocities,
and frequencies.
(2)
Restricting or prohibiting certain uses, activities, and development
from being located within areas subject to flooding.
(3)
Requiring all those uses, activities, and developments that do occur
in flood-prone areas to be protected and/or floodproofed against flooding
and flood damage.
(4)
Protecting individuals from buying lands and structures that are
unsuited for intended purposes because of flood hazards.
B.
Warning and disclaimer of liability. The degree of flood protection
sought by the provisions of this chapter is considered reasonable
for regulatory purposes and is based on acceptable engineering methods
of study. Larger floods may occur on rare occasions. Flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This chapter does not imply
that areas outside the floodplain zones, or that land uses permitted
within such zones, will be free from flooding or flood damages. This
chapter shall not create liability on the part of Jackson Township
or any officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
C.
Establishment of floodplain zones.
(1)
Description of zones.
(a)
Basis of zones. The various floodplain zones shall include areas
subject to inundation by waters of the one-hundred-year flood. The
basis of a delineation of these zones shall be the Flood Insurance
Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs),
dated December 16, 2015, and issued by the Federal Emergency Management
Agency (FEMA), or such FIS and FIRMs (including supplements and amendments)
subsequently approved by Jackson Township.
[Amended 6-7-2016 by Ord.
No. 210-16]
[1]
The Floodway Zone (FW) is delineated, for purposes of this chapter,
using the criteria that a certain area within the floodplain must
be capable of carrying the waters of the one-hundred-year flood without
increasing the water surface elevation of that flood more than one
foot at any point. The areas included in this zone are specifically
defined in Table 1 of the above-referenced Flood Insurance Study and
shown on the accompanying Flood Boundary and Floodway Map.
[2]
The Flood Fringe Zone (FF) shall be that area of the one-hundred-year
floodplain not included in the Floodway Zone. The basis for the outermost
boundary of this zone shall be the one-hundred-year flood elevations
contained in the flood profiles of the above-referenced Flood Insurance
Study (FIS) and as shown on the Flood Boundary and Floodway Map.
[3]
The General Floodplain Zone (FA) shall be that floodplain area
for which no detailed flood profiles or elevations have been provided.
Such areas are shown on the Flood Boundary and Floodway Map accompanying
the Flood Insurance Study prepared for the Flood Insurance Administration.
Where the specific one-hundred-year flood elevation cannot be determined
for this area using other sources of data such as the United States
Army Corps of Engineers' Floodplain Information Reports, United States
Geological Survey Flood-Prone Quadrangles, and the like, then the
applicant for the proposed use, development, and/or activity shall
determine this elevation in accordance with hydrologic and hydraulic
engineering techniques. Hydrologic and hydraulic analyses shall be
undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analyses, computations, and the like shall be submitted in sufficient
detail to allow a thorough technical review by the Township.
(b)
Overlay concept
[1]
The aforementioned floodplain zones shall be overlays to the
existing underlying zones as shown on the Official Zoning Map, and
as such, the provisions for the floodplain zones shall serve as a
supplement to the underlying zone provisions.
[2]
Where there exists any conflict between the provisions or requirements
of any of the floodplain zones and those of any underlying zone, the
more-restrictive provision of the two shall apply.
(2)
Inclusion of Zoning Map. The boundaries of the floodplain zones are
established as shown on the FIS and FIRMs, dated December 16, 2015,
and issued by FEMA, or such FIS and FIRMs (including supplements and
amendments) subsequently approved by Jackson Township.
[Amended 6-7-2016 by Ord.
No. 210-16]
(3)
Zone boundary changes. The delineation of any of the floodplain zones
may be revised by the Board of Supervisors where natural or man-made
changes have occurred and/or more detailed studies conducted or undertaken
by the United States Army Corps of Engineers or another qualified
agency or individual documents the advisability for such change. However,
prior to any such change, approval must be obtained from the Federal
Insurance Administration (FIA) or its successor agency.
(4)
Interpretation of zone boundaries. Initial interpretations of the
boundaries of the floodplain zones shall be made by the Zoning Officer.
Should a dispute arise concerning the boundaries of any of the zones,
the person questioning or contesting the location of the zone boundary
shall be given a reasonable opportunity to present his or her case
to the Township Zoning Hearing Board and to submit his own technical
evidence if he so desires. Should the person choose to have the zone
boundary changed to reflect more-accurate flooding data, he must follow
the procedures to present his case to the Board of Supervisors for
a zoning amendment.
D.
Zone provisions. All uses, activities, land filling, and development occurring within a flood hazard area shall be undertaken only in strict compliance with the provisions of this chapter, Chapter 69, Floodplain Management, and with all other applicable codes and ordinances, such as Chapter 47, Article I, Building Permits, and Chapter 107, Stormwater Management, where applicable, and the Department of Environmental Protection.
A.
Purpose. The purpose of the Underground Mining Overlay District is
to permit the continued underground mining of a unique mineral which
will continue to contribute to the sound economic base of Jackson
Township and the residents thereof without adversely impacting the
continued use of surface as presently zoned.
C.
Permits and approvals. All uses, activities and mining occurring
within the Underground Mining District shall be undertaken only in
strict compliance with the provisions of the mining permit issued
by the Pennsylvania Department of Environmental Protection. A copy
of the permit shall be delivered to the Township prior to any mining
occurring in the Underground Mining District.
D.
Access. Adequate access to all underground mining uses shall be provided.
The entrance and exit to an Underground Mining District shall only
occur from the Industrial District. In addition, prior to mining,
the applicant shall provide evidence of approval from the Pennsylvania
Department of Transportation to tunnel under any state road necessary
to obtain access to the subject area and to utilize such tunnels to
access the underground mining.
E.
Heavy storage. The heavy storage use in the Underground Mining Overlay
District may only occur in the underground mine.
F.
The Zoning Map of Jackson Township is hereby amended to designate
the following York County tax assessment parcels subject to the Underground
Mining Overlay District (UM):
|
33000HF00130000000
| |
|
33000HF00150000000
| |
|
33000HF00160000000
| |
|
33000HF00170000000
| |
|
33000HF00770000000
| |
|
33000HF00940000000
| |
|
33000HF01140000000
| |
|
33000HF01180000000
|
G.
All activities on the surface of the ground shall be conducted strictly
in accordance with the restrictions of the underlying zoning district
in which the land is located.
H.
All provisions of this chapter unaffected by this article shall remain
in full force and effect.
A.
Purpose and intent.
(1)
State and federal laws require the limitation of building and structural
height in airport hazard areas. State guidelines set forth recommendations
for compatible land uses within airport hazard areas as well.
(2)
Properties within Jackson Township have been identified as being
within the airport hazard area of the York Airport, as defined in
the Pennsylvania Aviation Code, and require special height controls
and are therefore also subject to Township land use regulations.
(3)
The height restrictions are aimed at preventing the erection of structures
that would interfere with or obstruct normal aircraft approaches or
airport operations. Such interference or obstruction would pose a
threat to the health, safety, welfare, and convenience of the residents
of the Township, as well as passengers aboard aircraft.
(4)
Airport safety zones within the hazard area are also used to impose
reasonable regulations providing for compatible land uses in addition
to needed height restrictions, thereby enhancing public safety.
B.
Lands in airport safety zones defined.
(1)
The Township's airport hazard area includes areas within Jackson
Township depicted on the Airport Hazard Area for York Airport Plan.
These areas have been plotted on a Jackson Township Zoning Map, a
copy of which may be viewed at the Township offices.
(2)
Three separate zones within the airport hazard area have been identified:
(a)
Airport Safety Zone 1 (AIR-1) includes areas at either end of
the runway that are most seriously affected by the airport operations.
Areas contained within Airport Safety Zone 1 are located in such close
proximity to the airport that this chapter's normal permitted structural
height of 35 feet could pose a safety hazard. Accordingly, height
restrictions are very strict. In addition, approval of proposed development
land uses is carefully controlled as well.
(b)
Airport Safety Zone 2 (AIR-2) includes areas also seriously
affected by the airport operations. Areas contained within Airport
Safety Zone 2 are located in such close proximity to the airport that
this chapter's normal permitted structural height (35 feet) could
pose a safety hazard. Accordingly, height restrictions are strict.
(c)
Airport Safety Zone 3 (AIR-3) includes areas just beyond Airport Safety Zone 2 and outlying areas that have particularly high elevations. These areas include those that cannot support structures that are higher than 35 feet up to the maximum permitted structural height of 50 feet in § 133-16. Within this zone, regulations permit the placement of thirty-five-foot-high structures but require special review for structures higher than 35 feet.
C.
Relationship to other articles. The airport safety zones represent
overlay zoning districts that are concerned with permitted heights
and land uses. The underlying zoning district shall prescribe all
other zoning-related standards and uses. In those instances where
the airport safety zone prescribes a height and/or land use restriction
different than that imposed by the underlying zoning district, the
most-restrictive standard shall apply.
D.
Height regulations within Airport Safety Zones 1, 2, and 3.
(1)
The property owner/applicant shall submit plans to the Township as
are reasonably necessary to determine the height of any proposed building
or structure. The Township shall forward the documents to the York
Airport owner, who shall, in turn, forward them to the Pennsylvania
Bureau of Aviation for a review by the Bureau and, if required, to
be sent by the Bureau to the Federal Aviation Administration (FAA)
to determine compliance with FAA guidelines regarding objects affecting
navigable airspace. The Bureau of Aviation shall have 10 working days
to issue a report to the Township indicating whether or not a hazard/no
hazard determination by the Federal Aviation Administration is necessary.
(2)
If the York Airport owner recommends that the application does not
require a hazard/no hazard determination by the Federal Aviation Administration
and the application complies with all other applicable provisions
of Township ordinances, a building permit application can be approved.
(3)
If the York Airport owner determines that the proposed use requires
a hazard/no hazard determination by the Federal Aviation Administration,
then the York Airport owner will assist the applicant in completing
an FAA Form 7460, which is available at the Township offices, and
submit it to the Federal Aviation Administration for determination.
If the Federal Aviation Administration issues a "no hazard" determination
and the application complies with all other applicable provisions
of Township ordinances, the Township can issue a building permit.
If the Federal Aviation Administration issues a "hazard" determination,
the application will be denied.
(4)
No variances circumventing the York Airport owner's review and hazard
determination by the Federal Aviation Administration shall be granted
by the Zoning Hearing Board without expressed written consent thereto
from the Federal Aviation Administration, such consent to be obtained
by the property owner/applicant.
