This chapter is adopted in order to promote
and protect the public health, safety, comfort, convenience, prosperity,
and other aspects of the general welfare.
A.
Long title: "An ordinance to revise, amend and expand
the zoning regulations of the use of land and structures, area of
lots, bulk of building and other structures, the density of population,
the provision of off-street parking spaces and similar accessory regulations
for the Township of Hanover, Northampton County, Pennsylvania, and
for such purposes to divide the Township into districts; and, further,
to provide for the administration, enforcement and amendment of such
ordinance, in accordance with the provisions of Pennsylvania Act 247,[1] as amended; and to repeal all ordinances in conflict herewith."
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
Short title. This chapter shall be known and may be
cited as the "Hanover Township Zoning Ordinance of 1978."
C.
Headings and cross-references. The headings and cross-references
are not part of the chapter, but are included solely for ease of reference.
The provisions of this chapter determine, restrict,
regulate, prohibit, or permit the following:
[Added 4-25-2006 by Ord. No. 06-05]
This chapter shall not apply to any lot, existing
or proposed building, use thereof, or any expansion thereof, owned,
used, or to be used by the Township and/or any municipal authority
created by the Township, when such lot, building and/or use is for
a governmental purpose.
The provisions of this chapter are designed:
A.
To promote, protect, and facilitate the following:
the public health, safety, morals, general welfare, coordinated and
practical community development, proper density of population, the
provisions of adequate light and air, police protection, vehicle parking
and loading space, transportation, water, sewerage, schools, public
grounds and other public requirements.
B.
To prevent the following: overcrowding of land, blight,
danger and congestion in travel and transportation, loss of health,
life or property from fire, flood, panic or other dangers. This chapter
is made in accordance with an overall program, and with consideration
for the character of Hanover Township, its various parts and the suitability
of the various parts for particular uses and structures.
C.
To implement the developmental goals and objectives
of the Township and the developmental recommendations as set forth
in the Comprehensive Plan.
This chapter is based upon the developmental
goals and objectives as outlined in the Hanover Township Comprehensive
Plan of 1983, as amended.
A.
The regulations set by this chapter within each district
shall be minimum regulations and shall apply uniformly to each class
or kind of structure or land except in those portions of a district
which may be modified by Special Conservation District or Aircraft
Flight Path District regulations.
(1)
Regulations in a Special Conservation District or Aircraft Flight Path District may alter any of the minimum and uniform regulations listed in Subsection B below for any particular district.
(2)
In the event that the regulations set by this chapter
impose greater restrictions than those provisions contained in the
"Clean Streams Act," the "Bituminous Mine Subsidence and Land Conservation
Act," the "Coal Refuse Disposal Control Act," "Oil and Gas Act," "Agricultural
Area Security Law," "An Act Protecting Agricultural Operations from
Nuisance Suits and Ordinances Under Certain Circumstances," "Noncoal
Surface Mining Conservation and Reclamation Act," and "Nutrient Management
Act," the provisions contained in said acts shall apply, but only
to the extent they preempt the regulations set by this chapter.
[Added 11-20-2001 by Ord. No. 01-12]
B.
The following minimum and uniform regulations shall
apply in the respective districts:
(1)
Use regulations, including uses by right, accessory
uses and uses by special permit.
(2)
Area and bulk regulations, including required front,
side, and rear yards, maximum permitted height and allowable lot coverage,
and floor area ratio requirements in those districts in which they
apply.
(3)
Off-street parking regulations, including minimum
required parking spaces.
(4)
Off-street loading regulations, including minimum
required loading berths for specified uses.
(5)
Sign regulations, including size, lighting and location.
(6)
Other applicable supplementary regulations of this
chapter.
C.
Lot size. Any lot created after this chapter is in
effect, as well as the open spaces reserved on it, must equal or exceed
the minimum sizes prescribed by this chapter for the district in which
the lot is located.
A.
Conformity with use and building regulations.
(1)
In all districts, after the effective date of this
chapter, any new building or other structure or any tract of land
or parts thereof shall be constructed, developed and used only in
accordance with the regulations specified for each district.
(2)
In all districts, after the effective date of this
chapter, any existing building or other structure or any tract of
land or part thereof which is not in conformity with the regulations
for the district in which it is located shall be deemed a nonconforming
use.
(3)
In all districts, any legally established use of a
structure, building, lot or any tract of land, which use constitutes
a conforming use under the provisions of this chapter, may be continued.
A.
Adoption of Zoning Map. The areas within the Township
as assigned to each district and the location of boundaries of the
districts established by this chapter are shown on the Zoning Map,
as revised, which together with all explanatory matter thereon is
declared to be part of this chapter and shall be kept on file with
the Township Secretary-Treasurer. If, and whenever, changes are made
in boundaries or other matter included on the said Zoning Map, such
changes in the map shall be made promptly after the amendment has
been approved by the Township Board of Supervisors.[1]
[1]
Editor's Note: See the Table of Zoning Map Amendments included at the end of this chapter.
B.
District boundary lines. The district boundary lines
shall be as shown on the Zoning Map. District boundary lines are intended
to coincide with lot lines, center lines of streets and roads, the
corporate boundary of the Township, or as dimensioned on the Map.
In case of doubt or disagreement concerning the exact location of
the boundary line, the determination of the Board of Supervisors shall
prevail.
C.
Primary districts. For the purposes of this chapter,
the Township of Hanover is hereby divided into the primary districts,
designated as follows:
|
Agricultural districts:
| ||
|
A
|
Agricultural
| |
|
MCPD
|
Monocacy Creek Protection District
| |
|
Residential districts:
| ||
|
R1
|
Single-Family Residential
| |
|
R1-R
|
Single-Family Residential Rural
| |
|
R1-S
|
Single-Family Residential Suburban
| |
|
R1-U
|
Single-Family Residential Urban
| |
|
R2
|
Multiple-Family Residential
| |
|
PHR
|
Planned Highway Residential
| |
|
RI-A
|
Residential Adult
[Added 3-22-2005 by Ord. No. 05-02] | |
|
Commercial districts:
| ||
|
C1
|
Service Commercial
| |
|
C2
|
Commercial Center
| |
|
C2R
|
Restricted Commercial Center
| |
|
Employment districts:
| ||
|
OI
|
Office and Institutional
| |
|
PIBD
|
Planned Industrial/Business
| |
|
PORR
|
Planned Office, Research and Residential
| |
|
LBD
|
Limited Business
| |
|
AFHBD
|
Aircraft Flightpath Highway Business
|
D.
Secondary districts. For purposes of this chapter,
secondary (or overlaying) districts are created, designated as follows:
|
SCD
|
Special Conservation District
| |
|
AFD
|
Aircraft Flight Path District
|
A.
Agricultural district.
(1)
The Agricultural District is noted "A Agricultural."
(2)
It is the intent of this chapter, among other things,
to provide areas within the Township that are suitable for agricultural
uses consistent with the uses that predominated the early Township
growth.
(3)
It is the intent of this chapter, among other things,
to encourage agricultural use of areas in the Township best suited
for farm land.
(4)
It is the intent of this chapter, among other things,
to preserve and protect groundwater quality by limiting density of
development in areas of the Township that are not served by a central
sanitary sewer system.
B.
Residential districts.
(1)
Residential districts are noted "R1-R Single-Family
Residential Rural"; "R1-S Single-Family Residential Suburban"; "R1-U
Single-Family Residential Urban"; "R2 Multiple-Family Residential";
and residential portions of the "PORR Planned Office, Research and
Residential District" and "PHR Planned Highway Residential District."
(2)
It is the intent of this chapter, among other things,
to provide sufficient space and ensure light, air, and privacy for
all dwelling units.
(3)
It is the intent of this chapter, among other things,
to protect residential districts from hazards of fire, offensive noise,
glare, and motor vehicle and other traffic.
(4)
It is the intent of this chapter, among other things,
to make it possible to provide in residential areas those public and
private educational, recreational, health, and similar facilities
serving the needs of the Township residents in the most desirable
manner.
(5)
It is the intent of this chapter, among other things,
to promote the development of residential districts in accord with
the Comprehensive Plan, and to promote stable residential development
that protects the character of the district.
C.
Commercial districts.
(1)
Commercial Districts are "C1 Service Commercial,"
"C2 Commercial Center" and "C2R Restricted Commercial Center."
(2)
It is the intent of this chapter, among other things,
to provide sufficient space in appropriate locations for commercial
activities anticipated.
(3)
It is the intent of this chapter, among other things,
to protect commercial districts and adjacent districts against congestion
by regulating the intensity of such commercial districts and developments,
and by providing for off-street parking and loading facilities.
(4)
It is the intent of this chapter, among other things,
to protect commercial districts and development against intrusive
uses which are incompatible with them and against the hazards of fire.
(5)
It is the intent of this chapter, among other things,
to promote stability of commercial development, to strengthen the
economic base of the Township, and to promote commercial development
of a high character.
(6)
It is the intent of this chapter, among other things,
to prohibit the future development of commercial uses being constructed
and used in a linear fashion along any Township street or highway;
in other words, this chapter is intended to prohibit the future development
of "strip commercial" uses, districts and areas.
D.
Employment districts.
(1)
Employment districts are the "OI Office and Institutional";
"PIBD Planned Industrial/Business District"; "PORR Planned Office,
Research and Residential District"; "LBD Limited Business District";
and "AFHBD Aircraft Flightpath Highway Business District."
(2)
It is the intent of this chapter, among other things,
to provide sufficient space in appropriate locations for offices,
laboratories, light industries, and certain other manufacturing and
related activities anticipated.
(3)
It is the intent of this chapter, among other things,
to protect employment districts and adjacent districts against mutual
intrusion, visually or otherwise, and against congestion by regulating
the intensity of development and by providing for off-street parking
and loading facilities.
(4)
It is the intent of this chapter, among other things,
to provide as far as possible that land most suitable for employment
district activities will be available to them by prohibiting the use
of such land by new residential district development, and simultaneously,
protecting residential districts by separating them from employment
district activities and uses.
(5)
It is the intent of this chapter, among other things,
to encourage manufacturing, industrial, and other activities and uses
which are free from hazards of fire, offensive noise, vibration, air
pollution, odors, glare, water pollution, traffic congestion, or any
other objectionable side effects.
(6)
It is the intent of this chapter, among other things,
to promote stable manufacturing, office uses, and other related development
in order to strengthen the Township's tax base and protect its tax
revenues.
E.
Special Conservation District.
(1)
The Conservation District, or Special Conservation
District, is noted as "SCD."
(2)
It is the intent of this chapter, among other things,
to preserve, protect, and maintain certain areas of the Township where
there are natural (physical) limitations upon development of any use
or type. Such areas are, but not limited to, those listed below:
(a)
Floodplains or flood-prone areas; floodways;
watercourses; streams; and drainage swales.
(b)
Abandoned or nonworking quarries, pits, or mines.
(c)
Steep slope areas.
(d)
Areas with alluvial soils.
(e)
Areas with soils possessing moderate or severe
limitations to on-lot sewage disposal.
(f)
Areas with soils having high water table or
a seasonally high water table.
(g)
Areas with soils having moderate or severe limitations
to urban development.
F.
G.
All districts. It is the intent of this chapter, among
other things, to conserve the value of land, lots, and buildings in
the Township.
