The establishment of overlay zoning districts in the Township is predicated on the achievement of certain community development objectives consistent with § 87-5. Overlay zoning is recognized as a flexible zoning technique aimed at achieving the specific objectives within the current land use scheme. Overlay zoning is derived from the police power, which is authorized by the Pennsylvania Municipalities Planning Code, as amended.[1] In the interest of the public, health, safety, and welfare,
the following characteristics shall be evidenced where overlay zoning
is proposed:
A.
Overlay zones shall be enacted through the application of recognized
zoning review procedures, public notice and public hearing processes;
B.
The purpose and boundaries for each proposed overlay zone shall be
identified and mapped;
C.
The classification of uses, whether permitted or by special exception,
in the overlay shall be administered as outlined in the Pennsylvania
Municipalities Planning Code, as amended;
D.
The overlay zones shall offer added flexibility within the context
of an overall growth management plan; and
E.
The overlay zones shall permit the focusing of supplemental Township
land use regulations in key areas where specific objectives have been
identified.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
The regulations of overlay districts shall apply to new construction,
reconstruction or expansion of new or existing buildings and uses,
regardless of whether the requirements of this article are more or
less restrictive than those of the underlying zoning district at that
location.
B.
Where requirements are not addressed in this article, the provisions
of the underlying zoning districts shall continue to govern.
