A. 
The Fairview Township Community Development Objectives have been designed to promote, protect and facilitate the public health, safety, morals, and the general welfare; to coordinate practical community development and density of population, community facilities and services, utility services, agricultural, industrial and commercial uses; as well as, preserve the natural, scenic and historic value in the environment; and conserve forest areas, wetlands, floodplains, and coastal and bluff recession hazard areas; through the implementation of the Fairview Area Comprehensive Plan.
B. 
Goals and objectives of the Comprehensive Plan are as follows:
(1) 
Objectives.
(a) 
To prevent overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood and other dangers.
(b) 
To preserve prime agricultural and farmland with consideration to topography, soils type and classification and existing use.
(c) 
To provide for the use of land within Fairview Township for residential housing of fair and affordable types, including single-family and multifamily dwellings of all types.
(d) 
To accommodate reasonable overall community growth, including population and employment growth, and to create opportunities in the development of a variety of residential and nonresidential uses.
(2) 
Goals.
(a) 
Land use goal: To provide and perpetuate a land use pattern which includes a wide variety of interrelated land uses in proper proportion, which is able to function efficiently, which features an optimum degree of compatibility between land uses and between development and the natural environment, and which enhances the orderly timing of development.
[1] 
Prevent undesirable land use relationships by avoiding the mixing of incompatible uses, yet still maintain neighborhood conveniences.
[2] 
Encourage the concentration of compatible land use in discernible clusters and limit both "strip" development and irregularly dispersed development patterns.
[3] 
Discourage the indiscriminate spread of commercial and industrial uses, particularly the encroachment of these uses upon existing or future residential areas.
[4] 
Discourage the adverse scattering of high-density residential development and encourage such development in areas with infrastructure support.
[5] 
Develop appropriate land use controls to guide future uses and densities of development in accordance with the Township's land use plans.
[6] 
Allow for a mix of dwelling types, densities, single and multifamily mixes and appropriate supporting facilities and uses such as recreation, open space, roads, parking areas, utilities, and employ safety and aesthetic measures.
[7] 
Provide for industrial development activities to include both traditional industrial development and industrial park development.
[8] 
Prohibit the use of temporary structures for permanent use activities.
(b) 
Environmental goal: To preserve and enhance the area's natural and cultural environments.
[1] 
Protect unique geologic, vegetative and other ecological areas to ensure variety in the environment, to serve as outdoor educational resources, to guard against damage to life and property, and to preserve the natural amenities upon which the community ultimately depends.
[2] 
Protect the groundwater resources in those areas that are dependent upon on-lot wells for potable water by such methods as restricting the type and density of development in recharge areas.
[3] 
Discourage encroachment upon streams and their floodplains, ponds, and high water table areas that threatens to degrade the natural condition of their waters and/or banks.
[4] 
Eliminate or carefully control all causes of water pollution including but not limited to sedimentation, thermal interference, septic tank outfall, chemicals and hard metals contamination, soil erosion and siltation, and dumping.
[5] 
Provide for the protection of the coastal zone area in an effort to protect the bluffs and adjacent areas from further degradation and minimize development encroachment which might have an adverse effect.
[6] 
Protect significant wetland areas from the encroachment of development.
(c) 
Aesthetic goal: To enrich the lives of all residents by seeking to improve the esthetic quality and visual impact of the man-made environment and by preserving and enhancing the natural environment.
[1] 
Prevent the desecration of the area's scenic elements such as dense woodlands, water bodies, steep slopes and hilltops by relating all development to natural features.
[2] 
Encourage the elimination, isolation or screening of all visual distractions created by man.
[3] 
Encourage the use of landscaping and conservation practices to enhance the visual quality of the man-made environment.
[4] 
Encourage placing utilities underground when practical and encourage attractive design or blending with the natural environment when underground placement is not practical.
[5] 
Encourage the protection of attractive views in the countryside and their creation in neighborhoods.
[6] 
Control the use of signs in terms of number, type, size and location and encourage aesthetics and attractiveness in their design. Prohibit the use of inappropriate sign designs and configurations.
[7] 
Promote innovative development concepts such as planned residential developments which encourage variety in neighborhood and appropriate architectural design.
[8] 
Protect and plan for the protection of air and solar access to all forms of development, particularly in areas occupied by fauna and flora.
(d) 
Transportation, traffic and circulation goals: To provide the safe and convenient circulation and movement of goods and people within the community.
[1] 
Provide for the separation of through and local traffic in order to facilitate movement both within the Fairview area and between neighboring municipalities and regions.
[2] 
Coordinate and integrate the transportation systems of Fairview Township with that of the county, state and nation.
[3] 
Provide for separate pedestrian walkways wherever warranted by vehicular traffic and other activities.
[4] 
Provide for adequate off-street parking in all future developments.
[5] 
Support public mass transit services for those without cars and as a viable option to the private automobile.
[6] 
Provide adequate and safe streets and street systems in all future residential, commercial and industrial subdivisions, while guarding against over-design.
(e) 
Economy goal: To establish a diversified and enduring economic structure which provides residents with a variety of employment opportunities while at the same time preserving a healthful, secure, and pleasant residential environment:
[1] 
Provide for future commercial and industrial development by reserving adequate land areas through various methods such as zoning, land-banking, industrial park development, LERTA districts, etc.
[2] 
Provide for the concentration of commercial and industrial developments within selected areas by designating these areas in the land use plan as supported by land use regulations.
[3] 
Provide the necessary infrastructure that encourages business and industrial development; e.g., utilities, streets, police and fire protection, etc.
[4] 
Provide for the economic development potential of the PA 98/I-90 interchange area by encouraging the use of this area for businesses and industries and allowing for industrial park development.
[5] 
Discourage nonconforming uses throughout Fairview Township.
[6] 
Establish and perpetuate a local government and business community relationship conducive to economic development.
(f) 
Housing goal: To provide adequate housing for the present and future residents of the Fairview Township area.
[1] 
Increase the supply of decent, safe and sanitary housing in price ranges affordable to the residents of the area.
[2] 
Provide for diversity in housing types and residential areas so that every family has a fair choice with respect to residential environment and lifestyle.
[3] 
Preserve the existing housing stock through public and private actions and incentives that encourage housing upkeep.
[4] 
Eliminate all substandard housing units by removing those units beyond salvage and by rehabilitating those units that can be feasibly salvaged.
[5] 
Preserve the residential character and quality of viable residential areas.
[6] 
Allow for planned residential development in areas compatible with the surrounding land use and adjacent land uses while allowing for a mix of dwelling types, densities, single and multifamily mixes and appropriate supporting facilities and uses such as recreation, open space, roads, parking areas, utilities, while taking into account safety and aesthetic measures.
(g) 
Community facilities and services goal: To provide for facilities, services and utilities of the quantity and quality necessary to meet the physical, social, cultural, recreational and aesthetic needs of the community and to do so in a timely and fiscally responsible manner.
[1] 
Provide adequate police, fire and safety protection throughout the community.
[2] 
Provide adequate water, sewerage and solid waste management services in all areas of the community where existing or planned development or population densities warrant such services, either through public facilities or properly installed and maintained private facilities.
[3] 
Promote adequate public school facilities, including buildings and grounds that can serve as multi-use facilities.
[4] 
Promote a community recreation program and facilities based on the needs and desires of the local residents, within available resources.
[5] 
Provide community facilities in an orderly and timely manner by annually updating the capital improvements program and capital budget to reflect the public facility needs of the community.
(h) 
Energy conservation goal: To promote energy conservation as a matter of serious public concern.
[1] 
Exercise public responsibility in providing direction to energy conservation efforts in the community.
[2] 
Propagate efficient land use patterns that lead to efficient energy utilization.
[3] 
Adopt land use and development controls, building codes and similar regulations that promote energy efficiencies and revise or eliminate those that cause or encourage wasteful energy consumption.
[4] 
Utilize alternate energy sources in all new governmental buildings when feasible.
[5] 
Encourage the use of alternate energy sources in all other public, residential, commercial and industrial structures in the community.
[6] 
Encourage all residents to adopt an energy conservation attitude.
[7] 
Protect solar access to existing future developments.
(i) 
Citizen participation goal: To encourage continual discussion among residents concerning the development of Fairview Township and encourage their participation in public affairs.
[1] 
Have all business meetings of the public bodies in the Township open to the public.
[2] 
Stimulate the interest of the Township residents in local public affairs and encourage their attendance and participation at meetings of the local public bodies.
A. 
This chapter is inclusive zoning in that no use may be operated in a district unless it is specifically included as a use by right for that district, and each parcel shall be limited to one principal or permitted use per lot.
B. 
The Downtown Village Overlay area where a residence may be placed in a B-1 or B-2 commercial structure shall also be determined as one principal or permitted use.
C. 
Uses not specifically regulated must be presented before the Zoning Hearing Board. If a use clearly is not permitted by right, conditional use or as a special exception use by this chapter within any zoning district, the use is prohibited, except that the Zoning Hearing Board may permit such use as a special exception use if the applicant specifically proves to the clear satisfaction of the Zoning Hearing Board that all of the following conditions would be met:
(1) 
Proposed use would be less intensive in external impacts and nuisances than uses that are permitted in the zoning district.
(2) 
Proposed use would be closely similar in impact and character to uses permitted in that zoning district.
(3) 
Use would meet the standards that would apply for a special exception use.
(4) 
Use is not specifically prohibited in that zoning district.
This chapter shall be known and may be cited as the "Fairview Township Zoning Ordinance." The map herein referred to, which is identified as the "Fairview Township Zoning Map," and all the explanatory matter thereon, is hereby adopted and made part of this chapter.