[Amended 12-18-1989 by Ord. No. 1657]
The boundaries of the districts enumerated in §
27-66 are hereby established on a map entitled "Zoning Map of Whitehall Township" (hereinafter referred to as "map" or "official Zoning Map"), which map accompanies and is hereby declared to be a part of this chapter. Where uncertainty exists as to the precise location of the boundaries shown on said map, the following rules shall apply:
A. District boundary lines generally follow the center
line of streets and streams and lot or property lines as they exist
on plans of record at the time of the adoption of this chapter. Where
a district boundary line divides a lot, location of said boundary,
unless the same is identified by dimensions, shall be determined by
the use of the scale appearing on the map.
B. Where a district boundary is not fixed by dimensions
and where it approximately follows a lot line and where it does not
scale more than 20 feet therefrom, such lot line shall be construed
to be such boundary unless specifically shown otherwise.
C. In case any further uncertainty exists, the Zoning
Hearing Board shall interpret the intent of the map as to the location
of the district boundary lines.
[Amended 12-18-1989 by Ord. No. 1657]
Any and all airport zones, floodplains, floodways,
flood prone areas and stormwater management plans described or referenced
in this chapter or otherwise required shall be overlays to the existing
districts as shown on the official Zoning Map of Whitehall Township
and, as such, the provisions of these zones shall serve as supplements
to the underlying districts. Where any conflicts exist between the
provisions of the aforementioned sections and the underlying districts,
the more restrictive provisions shall apply.
[Amended 12-18-1989 by Ord. No. 1657; 4-8-1991 by Ord. No.
1729]
A. Lots shall not be created by subdivision, consolidation
or otherwise which are divided by a zoning boundary line.
B. In the event that a zoning district boundary line
divides a lot, which lot is legally existing as of the date of adoption
of this chapter, then:
(1) Each portion of that lot which is in a different zoning district shall be used and developed in accordance with all of the provisions of the respective different zoning district applicable to that portion of the lot, unless a variance (see §
27-42) is obtained.
(2) But where at least 75% of the lot area of that lot is governed by the provisions of one zoning district (hereinafter the "dominant zoning district"), and after conditional use approval by the Commissioners (see §§
27-44 and
27-45), the applicant then may use or develop the remaining area of the land which was not governed by the dominant zoning district, but which shall not exceed 10 acres, pursuant to all of the provisions of the dominant zoning district. Provided that, once the remaining area of the land has been use or developed, it may not thereafter be used or developed pursuant to the provisions of any other zoning district without the additional prior conditional use approval of the Board of Commissioners.