This chapter shall be known and may be cited
as the "Township of Pine Zoning Ordinance." This chapter:
A.
Is passed under the authority of the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, P.L. 805, No. 247,
as reenacted and amended December 21, 1988, P.L. 1329, No. 170, and
as thereafter amended.
B.
Provides for administrative enforcement and amendment
in accordance with the provisions of the Pennsylvania Municipalities
Planning Code.
C.
Includes regulations to permit, prohibit, regulate,
restrict and determine:
(1)
Uses of land, watercourses, and other bodies of water.
(2)
Size, height, bulk, location, erection, construction,
repair, maintenance, alteration, razing, removal, and use of structures.
(3)
Areas and dimensions of land and bodies of water to
be occupied by uses and structures, as well as areas, courts, yards,
and other open spaces and distances to be left unoccupied by uses
and structures.
(4)
Density of population and intensity of use.
(5)
Protection and preservation of natural and historic
resources and prime agricultural land and activities.
D.
For such purposes outlined above, divides the Township
into zoning districts.
E.
Repeals all ordinances or portions hereof, in conflict
with this chapter.
The purpose of the Zoning Chapter includes the
following:
A.
To 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.
B.
To 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.
C.
To preserve prime agriculture and farmland considering
topography, soil type and classification, and present use.
D.
To 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 attached single-family
dwellings, and a reasonable range of multifamily dwellings in various
arrangements, mobile homes and mobile home parks; provided, however,
that the Zoning Chapter shall not be deemed invalid for the failure
to provide for any other specific dwelling type.
E.
To accommodate reasonable overall community growth,
including population and employment growth, and opportunities for
development of a variety of residential dwelling types and nonresidential
use.
A.
Applicability. In their interpretation and application,
the provisions of this chapter shall be considered minimum requirements,
adopted for the promotion of the public health, safety, morals, and
general welfare. Whenever the requirements of this chapter are at
variance with requirements of any other lawfully adopted rules, regulations,
codes, deed of restricting covenants or ordinances, then the most
restrictive requirements or those imposing the highest standards shall
govern. All requirements of this chapter shall apply uniformly to
each class or type of land or structure and particularly as follows:
(1)
Any lot, as well as the open space reserved on it,
must equal or exceed the minimum lot areas prescribed by this chapter
for the district in which the lot is located.
(2)
No building, structure or land shall hereafter be
used or occupied and no building or structure or part thereof shall
hereafter be erected, constructed, reconstructed, moved or structurally
altered unless in conformity with all the requirements of this chapter
applicable to the district in which such use, building or structure
is located.
(3)
No building or other structure shall hereafter be
erected or altered so as to exceed height limitations, accommodate
a greater number of families, occupy a greater percentage of lot area
or have narrower or smaller rear yards, front yards, side yards or
open spaces than are required by this chapter and its provisions for
the particular zoning district in question.
(4)
All yard or open space requirements of this chapter
are exclusive, and a use or structure cannot share a part of a yard
or open space required by this chapter.
(5)
No yard or lot existing at the time of passage of
this chapter shall be reduced in dimension or area below the minimum
requirements set forth herein. Yards or lots created after the effective
date of this chapter shall meet at least the minimum requirements
established by this chapter.
B.
Omitted land. This chapter intends to include the
entire area of the Township, including all land, streets, alleys,
railroads, and other right-of-way, be included in the districts established
by this chapter. Any area not shown on the Zoning District Map as
being included in such a district shall be deemed to be, and it is
hereby, classified in the E-1 Estate Residential District.
C.
Annexed land. All land annexed to the Township after
the enactment of this chapter shall be classified immediately and
automatically as an E-1 District. The Planning Commission shall recommend
appropriate zoning for the annexed area to the Board of Supervisors
within 90 days after the date of annexation.
D.
Frontage on public street required. Each single-family and attached single-family dwelling shall have a front lot line on a public street dedicated for public use and improved to Township standards. This regulation also shall apply to single-family dwellings and attached single-family dwellings located in a development consisting of varied housing types unless otherwise specified elsewhere in this chapter or in Chapter 78, Subdivision and Land Development.
E.
Principal building. In any E-1, S-1, R-1 or R-2 District,
only one principal building may be built on each lot.
F.
References. Where any provision of this chapter incorporates
by reference the provisions of other chapters (or articles or sections
thereof) of the Pine Code, such referred-to and incorporated-by-reference
provisions shall be, for the purposes of this chapter, deemed to be
fully applicable to the activities and usages regulated by this chapter
in the same manner and to the same degree as if said referred-to and
incorporated provisions of such other chapters (or articles or sections
thereof) were set forth at length herein in their entirety.
This chapter is enacted to promote an orderly
plan of development according to the Comprehensive Plan, including
data on existing conditions, statements concerning the plan and evaluation
of implementation techniques, and with reasonable consideration, among
other things, of the existing character of the various areas within
the Township and their respective suitability to particular land uses.
The Township is hereby divided into 12 districts
known as:
A.
Base districts.
|
E-1
|
Estate Residential District
| |
|
S-1
|
Special District
| |
|
R-1
|
Suburban Residence District
| |
|
R-2
|
Community Residence District
| |
|
R-3
|
Neighborhood Residence District
| |
|
B-1
|
Rural Business District
| |
|
C-1
|
Community Service Center District
| |
|
C-2
|
Planned Transition District
|
B.
Special districts.
[Amended 8-5-2013 by Ord. No. 366]
|
GWO
|
Greenways Overlay District
| |
|
TVO
|
Traditional Village Overlay District
| |
|
TCDO
|
Town Center Design Overlay District
| |
|
CDC
|
Commercial Development Control Overlay District
| |
|
PIIOD
|
Public Infrastructure Improvement Overlay District
|
The boundaries of the 12 zoning districts of
the Township are shown upon the map, which is made a part of this
chapter, which map is designated as the "Zoning Map." The Zoning Map
and all the notations, references and other information shown thereon
and including its original provisions dated June 6, 1990, and the
revisions dated February 20, 1995, the revisions effected July 6,
1998, by Ordinance No. 261, the revisions dated July 6, 1998, by Ordinance
No. 262 and revised January 6, 2003, by Ordinance No. 307 are a part
of this chapter and have the same force and effect as if the Zoning
Map and all the notations, references and other information shown
thereon were all fully set forth or described herein, the original
of which Zoning Map is properly attested and is on file with the Township
Manager. The Zoning Map shall also contain the greenways overlay,
stormwater management, floodplain overlay, traditional village overlay
and town center design overlay and commercial development control
overlay districts. Where uncertainty exists with respect to the boundaries
of the various districts, as shown on the Zoning Map, the following
rules shall apply:
A.
Where designation of a boundary line on the Zoning
Map coincides with the location of a street, alley, or right-of-way,
the center line of such street, alley and right-of-way shall be construed
to be the boundary of such district.
B.
Where the designation on the Zoning Map indicates
a boundary approximately upon a lot line, such lot line shall be construed
to be the boundary.
C.
Distances shown on the Zoning Map are perpendicular
distances from road center lines measured to the district boundary,
which boundaries in all cases where distances are given are parallel
to the road center line.
D.
In other cases, the district boundary shall be determined
by the use of the scale of the Zoning Map.
A.
If any court of competent jurisdiction shall adjudge
any provision of this chapter to be invalid, such judgment shall not
affect any other provisions of this chapter.
B.
If any court of competent jurisdiction shall adjudge
invalid the application of any provision of this chapter to a particular
property, building, or structure, such judgment shall not affect the
application of the said provision to any other property, building,
or structure.
This chapter shall become effective from the
date of its adoption. Whenever used in this chapter, the term "effective
date" shall mean adoption date (reference only).
