A.
For the purpose
of this chapter, Muhlenberg Township is hereby divided into 11 base
zoning districts, which shall be designated as follows:
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R-1 Low Density Residential District
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R-2 Low to Medium Density Residential District
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R-3 Medium Density Residential District
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R-4 Medium to High Density Residential District
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R-5 High Density Residential District
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C-1 Village District
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C-2 Shopping Center District
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C-3 Highway Commercial District
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I-1 Limited Industrial District
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I-2 Heavy Industrial District
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SA-1 Special Agricultural District
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B.
For the purpose of this chapter, the following conservation overlay districts shall be established in accordance with the provisions of Article V of this chapter of the Muhlenberg Township Code:
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Floodplain Overlay District
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Wetlands and Hydric Soil Overlay District
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Steep Slope Overlay District
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Woodland Protection and Management Overlay District
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Carbonate Geology Overlay District
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C.
For the purpose of this chapter, the following special overlay districts shall be established in accordance with the provisions of Article VI of this chapter of the Muhlenberg Township Code:
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Adaptive Reuse and Redevelopment Overlay District
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Airport Overlay District
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Business Route 222 Overlay District
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Bypass Interchange Overlay District
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A.
The boundaries
of the zoning districts shall be as shown on the Zoning Map of Muhlenberg
Township. The Zoning Map and all notations, references and data illustrated
thereon are hereby incorporated by reference into this chapter. The
official copy of the Zoning Map[1] shall be labeled as the "Muhlenberg Township Zoning Map"
and shall identify the signatures of the Board of Commissioners, attested
by the Secretary of said Board, and bear the Seal of Muhlenberg Township
under the following words:
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"This is to certify that this is the Official
Zoning Map of the Township of Muhlenberg, as adopted by the Muhlenberg
Township Board of Commissioners on August 16, 2004, as part of the
Muhlenberg Township Zoning Ordinance of 2004."
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[1]
Editor's Note: The Official Zoning Map of
the Township is on file in the Township offices.
B.
If changes are
made to district boundaries or other matters portrayed on the Official
Zoning Map, such changes shall be made in accordance with the provisions
of this chapter and the Pennsylvania Municipalities Planning Code,
as amended, and the changes shall be entered on the Official Zoning
Map promptly after the amendment has been approved by the Board of
Commissioners. No changes of any nature shall be made to the Official
Zoning Map, or matter thereon shown, except in conformity with the
applicable procedures established in this chapter. All changes shall
be noted by date with a brief description of the nature of the change.
C.
The Official
Zoning Map shall be located in a place designated by the Board of
Commissioners and shall be the final authority as to the current zoning
status of land and water area in Muhlenberg Township regardless of
unofficial copies which may have been made or published from time
to time.
D.
In the event
that the Official Zoning Map becomes damaged, destroyed, lost or difficult
to interpret because of the nature or number of changes and additions,
the Board of Commissioners may adopt a new Official Zoning Map. The
new Official Zoning Map may correct drafting or other errors or omissions
in the prior Official Zoning Map, but no such correction shall have
the effect of amending the original Official Zoning Map or any subsequent
amendment thereof. The new Official Zoning Map shall be identified
by the signature of the Board of Commissioners, attested by the Secretary
of said Board, and bear the Seal of Muhlenberg Township under the
following words:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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"This is to certify that this Official Zoning
Map of the Township of Muhlenberg supersedes and replaces the Official
Zoning Map adopted as part of Ordinance No. ___ Muhlenberg Township,
Berks County, Pennsylvania."
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E.
Unless the prior
Official Zoning Map has been lost or has been totally destroyed, the
prior map or any significant parts thereof remaining shall be preserved,
together with all applicable records pertaining to its adoption or
amendment.
Where uncertainty exists as to the boundaries
of the base districts as indicated on the Official Zoning Map, the
following rules and guidelines, as provided within this section, shall
be applicable.
A.
Where district
boundaries are indicated as approximately coinciding with the center
lines of streets, highways, lanes, alleys, railroad tracks, rivers
or creeks, such center line shall be construed to be such boundaries.
B.
Where district
boundaries are indicated as approximately coinciding with lot lines
or deed lines which were in effect at the date of this chapter, such
lines shall be construed to be such boundaries.
C.
Where district
boundaries are indicated as approximately coinciding with municipal
boundary lines, such lines shall be construed to be such boundaries.
D.
Where district
boundaries are indicated as being approximately parallel to the center
or right-of-way lines of streets or highways, lanes, alleys, railroad
tracks, rivers or creeks, such district boundaries shall be construed
as being parallel to the center or right-of-way lines at such distance
as is indicated on the Official Zoning Map.
E.
Where district
boundaries are indicated as being approximately perpendicular to the
right-of-way lines of streets or highways, such district boundaries
shall be construed as being perpendicular to the right-of-way lines.
F.
Where district
boundaries are referenced by a distance or measurement from a specific
feature, such distance shall be measured in feet and the district
boundaries shall follow the specified setback. Where distances or
measurements are not specifically referenced on the Official Zoning
Map, the scale of the Official Zoning Map shall determine the unspecified
setback.
G.
Where a district
boundary line divides a lot which was in single ownership at the effective
date of this chapter, at the election of the property owner, the regulations
of either zoning district may be extended a distance of not more than
50 feet beyond the district boundary line onto the remaining portion
of the lot.
H.
Where physical
or cultural features existing on the ground are inconsistent with
those indicated on the Official Zoning Map, or when circumstances
not covered within the context of this section apply, the Zoning Hearing
Board shall interpret the district boundaries.
The following standards indicated within this
section shall be utilized for the generalized application of the base
district regulations in association with this chapter.
A.
Unless otherwise
provided by law or the provisions of this chapter, no building, structure
or land area shall be used or occupied except for a permitted use
in the zoning district within which the building, structure or land
area is located.
B.
Any legally established
use of a building, structure, lot, land area, or part thereof, which
constitutes a conforming use under the provisions of this chapter,
may be continued.
C.
Any legally established
use which occupies a building, structure, lot or land area prior to
the effective date of this chapter or amendment thereto but does not
comply with the use regulations of the district in which it is situated
after the effective date of this chapter or any amendment thereto
may be continued as a nonconforming use in accordance with the provisions
of this chapter.
D.
The regulations
established within this chapter shall apply uniformly to buildings,
structures or uses, unless otherwise provided in the Code.
E.
Permitted uses
shall adhere to the dimensional requirements for lot area, lot width,
yard, height and coverage as specified for the zoning district in
which the use is located, unless otherwise specified by this chapter.
F.
No building,
structure or land shall be used and no building, structure or part
thereof shall be erected, constructed, assembled, moved, enlarged,
reconstructed, removed or structurally altered unless it conforms
to the Zoning Map and zoning district requirements specified within
this chapter of the Code.
G.
No building,
structure or area of land shall be occupied without the issuance of
a certificate of use and occupancy by the Zoning Officer.
H.
No part of a
yard, common open space, other open space, off-street parking area,
or loading space required in connection with any structure, building
or use of the land shall be included as part of a yard, common open
space, open space, off-street parking area, or loading space similarly
required for any other structure, building or use of the land, except
as permitted or required by this chapter.
I.
No yard or lot
existing at the time of passage of this chapter which meets the requirements
of this chapter shall be reduced in dimension or area below the minimum
requirements set forth in this chapter. A nonconforming yard or lot
existing at the time of passage of this chapter shall not be further
reduced below the minimum requirements of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
J.
Where district
regulations specify a minimum lot width at the street line, the minimum
lot width shall be provided contiguous along the street line of one
street. It is prohibited, when calculating the width of a lot, to
add widths along the street lines of two or more streets. In the case
of a corner lot, the minimum lot width must be provided along each
street on which the lot fronts.
K.
In the case of
a lot of irregular shape, the Zoning Officer shall designate the front,
side and rear yards, as considered appropriate for the configuration
and conditions.
L.
All territory
or land area which may be annexed to Muhlenberg Township shall be
considered to be zoned in the same manner as the contiguous territory
inside the previous municipal limits until otherwise classified.
