This chapter shall be known and cited as the
"Mahoning Township Zoning Ordinance of 2004" and is intended to serve
as a comprehensive amendment of the Mahoning Township Zoning Ordinance
enacted by the Township Board of Supervisors on November 23, 1981,
and subsequently amended.
The zoning regulations and districts herein
set forth were developed in accordance with an overall program for
the Township, with consideration being given to the character of the
municipality and its various parts, and the suitability of the various
parts for particular uses and structures. As such, the regulations
were designed to:
A. Promote, protect and facilitate:
(1) The public health, safety, morals, general welfare;
(2) Coordinated and practical community development and
proper density of population;
(3) Emergency management preparedness and operations,
airports and national defense facilities;
(4) The provision of adequate light and air, access to
incident solar energy, police protection, vehicle parking and loading
space, transportation, water, sewerage, schools, recreational facilities,
public grounds, the provision of a safe, reliable and adequate water
supply for domestic, commercial, agricultural or industrial use, and
other public requirements; as well as
(5) Preservation of the natural, scenic and historic values
in the environment and preservation of forests, wetlands, aquifers
and floodplains.
B. Prevent the overcrowding of land, blight, danger and
congestion in travel and transportation, loss of health, life or property
from fire, flood, panic or other dangers.
C. Preserve prime agriculture and farmland considering
topography, soil type and classification, and present use.
D. Provide for the use of land within the municipality
for residential housing of various dwelling types encompassing all
basic forms of housing.
E. Accommodate reasonable overall community growth and
provide opportunities for development of a variety of residential
dwelling types and nonresidential uses.
F. Facilitate appropriate development of the Township,
protect the tax base, and encourage economy in public expenditures.
This chapter provides a legal basis and framework
for future development in Mahoning Township. Its provisions are guided
by the following list of goal statements which represent the Township
Board of Supervisors' legislative finding with respect to land use;
density of population; the need for housing, commerce and industry;
the location and function of streets and other community facilities
and utilities; the need for preserving agricultural land and protecting
natural resources, and other factors which the Supervisors believe
relevant in guiding the future development of the municipality.
A. Achieve the highest and best use of land.
B. Protect transportation corridors.
C. Establish realistic population density controls.
D. Effectuate a logical road and street pattern to serve
business, industry and residential land uses, while maintaining the
separation necessary to protect neighborhood environments.
E. Guide development with a view to providing adequate
and economical community facilities and utilities.
F. Achieve adequate public protection.
G. Support the economical installation of sanitary sewers
and treatment facilities.
H. Endorse the preservation of natural amenities and
resources.
I. Support the reduction of pollutants and polluting
factors from water and air.
J. Provide for a wide variety of housing types and choices
for Township residents of all ages and income levels.
This chapter is not intended to create nor assume
liability on the part of Mahoning Township or any officer or employee
thereof for any fire, flood or other damage that may result from reliance
on this chapter or from any administrative decisions lawfully made
thereunder. These regulations shall not guarantee a specific level
of protection for any construction. The applicant shall in all cases
rely on accepted engineering methods or building practices when designing
or constructing structures approved pursuant to these regulations.
Furthermore, issuance of a zoning permit shall not constitute a representation,
guarantee or warranty of any kind by the Township as to the accuracy
of the information provided by any applicant as part of a permit application.
The provisions of this chapter shall be held
to be minimum requirements to meet the purposes stated herein. Where
the provisions of this chapter impose greater restriction than those
of any other statute, ordinance or regulation, the provisions of this
chapter shall prevail, except where noted otherwise. Where however,
the provisions of any other statute, ordinance or regulation impose
greater restriction than those of this chapter, the provisions of
such statute, ordinance or regulation shall prevail.