[Ord. 2000-03, 9/14/2000, Art. I, § 100]
An ordinance regulating the location, height, bulk, erection,
construction, alteration, razing and size of structures; the percentages
of a lot which may be occupied, the size of yards, courts, and other
open spaces; the density and distribution of population, the intensity
of the use of land or bodies of water for trade, industry, residence,
recreation, public activities, or other purpose, and the use of land
for agriculture, water supply, conservation, soil conservation, forestry,
or other purpose; and providing for the administration, enforcement,
and amendment of this chapter in accordance with the provisions of
the Pennsylvania Municipalities Planning Code, as amended from time
to time, and in accordance with the Allen Township Comprehensive Plan
incorporated herein by reference.
[Ord. 2000-03, 9/14/2000, Art. I, § 101]
This chapter shall be known as and may be cited as the "Allen
Township Zoning Ordinance of 2000."
[Ord. 2000-03, 9/14/2000, Art. I, § 102]
The purpose of this chapter is to:
1.
Promote, protect and facilitate any or all of the following: the
public health, safety, morals, and the general welfare; coordinated
and practical community development and proper density of population;
emergency management preparedness and operations, airports, and national
defense facilities, the provisions 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 preservation of the natural,
scenic and historic values in the environment and preservation of
forests, wetlands, aquifers and floodplains.
2.
Prevent one or more of 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.
3.
Preserve prime agriculture and farmland considering topography, soil
type and classification, and present use.
4.
Provide for the use of land within the municipality for residential
housing of various dwelling types encompassing all basic forms of
housing, including single-family and two-family dwellings, and a reasonable
range of multifamily dwellings in various arrangements, mobile homes
and mobile home parks, provided, however, that no zoning ordinance
shall be deemed invalid for the failure to provide for any other specific
dwelling type.
5.
Accommodate reasonable overall community growth, including population
and employment growth, and opportunities for development of a variety
of residential dwelling types and nonresidential uses.
[Ord. 2000-03, 9/14/2000, Art. I, § 103]
In interpreting and applying the provisions of this chapter,
all stated requirements and provisions shall be construed to be the
minimum requirements for the promotion of the public health, safety,
comfort, convenience, and general welfare.
A.
When the language of this chapter is deemed to impose a restriction
upon the use of property, the language shall be interpreted, where
doubt exists as to the intended meaning of the language written and
enacted by the Board of Supervisors, in favor of the property owner
and against any implied extension of the restriction.
B.
When any regulation made under authority of this chapter requires
a greater width size of yards, courts, or other open space, requires
a lower height of buildings, or smaller number of stories or require
a greater percentage of a lot to be left unoccupied, or imposes other
higher standards than are required in or under any other statute,
the more-restrictive regulation shall govern.
C.
Whenever the provisions of any other statute require a greater width
or size of yards, courts or open space, or require a greater percentage
of lot to be left unoccupied, or impose higher standards that are
required by and regulations made under authority of this chapter,
the provisions of such statute shall govern.
D.
This chapter does not repeal, abrogate, annul, or in any way impair
or interfere with the existing provisions of other laws or ordinances,
except those specifically or impliedly repealed by this chapter, or
any private restrictions placed upon property by covenant, deed or
other private agreement unless repugnant hereto.
[Ord. 2000-03, 9/14/2000, Art. I, § 104]
Conformity with Use and Building Regulations.
A.
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.
B.
In all districts, after the effective date of this chapter, any existing
building, structure, or use of any tract of land or parts thereof
which is not in conformity with the regulations for the district in
which it is located shall be deemed a nonconforming structure or use.
C.
In all districts, any legally established use of a structure, building,
lot, or any tract of land which use constitutes nonconforming use
under the provisions of this chapter may be continued.
[Ord. 2000-03, 9/14/2000, Art. I, § 105]
1.
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. 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.
2.
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.
[Ord. 2000-03, 9/14/2000, Art. I, § 106]
It is hereby declared to be the intent of the Board of Supervisors
that the provisions of this chapter shall be severable and that if
a court of competent jurisdiction declares any provisions of this
chapter to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of the chapter shall continue to be separately and fully
effective.
