2016 DRAFT AMENDMENTS Zoning Ordinance Zoning map Upper

2016 DRAFT AMENDMENTS Zoning Ordinance & Zoning map Upper Allen Township August /September 2016

Overview § Process § Overview of changes § Zoning Map changes § Changes to articles § Minimal or no changes made to: § § § § Article III-Designation of Districts Article VIII-Planned Residential Development (PRD) Overlay District Article IX-Steep Slope Protection (SSP) Overlay District Article X-Floodplain Regulations Article XI-Conservation Design Overlay District (CSO) Article XV-Nonconforming Lots, Uses and Buildings Article XIX-Administration and Enforcement

Process to adopt amendments to the Zoning Ordinance and Zoning Map • Comprehensive Plan Update Adopted (December) 2015 • Staff instructed to look at • Ad-hoc focus group discussed proposed changes existing Ordinance and Map and suggest amendments. • Ad-hoc focus group formed. 2013 August. September 2016 • County Planning • 1 st public meeting with Planning Commission and Township Solicitor reviewing documents. • Draft documents presented to the public. January – May 2016 October 2016

Zoning Ordinance Revisions Will: § Modernize and overhaul uses and their regulations § Consolidate and streamline zoning districts § § RL, R-1, R-2, R-3 consolidated to three residential districts VR and VB consolidated to one village district § All uses identified § Defined, permitted in districts, dimensional requirements, and parking requirements § Ensure clarity, relevance, and ease of use § § Tables created to easily identify permitted uses, dimensional requirements, parking requirements, and permitted signage. Appendices removed; provisions included in the Articles § Conform with recent state/federal laws and best practices § Meet goals and objectives of Comprehensive Plan § § § Support more mixed-use and commercial development, especially those which serve the daily needs of the residents and are located along major transportation corridors. Preservation of single-family detached and recreational land uses Preservation of existing agricultural land; inclusion of supportive agricultural activities and other farm-related uses. Encourage conservation design through cluster development which preserves open spaces, and creates residential housing developments that strengthen sense of community, foster stability and character. Protect environmentally sensitive features/areas. Promote reclamation of existing vacant structures.

Current Zoning Ordinance

Proposed Zoning Ordinance

Proposed Zoning Ordinance

Article I. Short Title; Purpose; General Provisions Updated: • Purposes of Enactment • Applicability • Severability • Repealer • Effective Date

Article II. Land Use Definitions § Definitions moved to the front of the Ordinance. § New definitions include: Agricultural Land, Prime Agritourism Enterprise Caregiver Certified medical use Clinical registrant Communications Facilities, Wireless Dispensary Farm Products, Farmers’ Market & Value-added Farm Product § Form of medical marijuana § Grower/Processor § Honeybee, Honeybee Apiary, Honeybee Colony, Honeybee Comb & Honeybee Hive § § § § § Identification card § Landscaping and Garden Service, non-retail & retail § Market Manager § Medical marijuana delivery vehicle office § Medical marijuana organization § Microbrewery § Mill § Producer § Racetrack § Registry § Shotgun, Rifle, Pistol, or Archery range § Solar easement § Solar Energy system, accessory (ASES) § Storage Yard § Vendor

Article II. Land Use Definitions Cont. FARMERS’ MARKET A retail sales use operated by a governmental agency, a nonprofit organization, or one or more Producers that primarily sells Farm Products and Valueadded Farm Products directly to consumers. Farmers’ Markets can include indoor and outdoor display and sales. A Farmers’ Market may be a principal or accessory use of a site MICROBREWERY A facility for the brewing of beer that produces less than 15, 000 barrels per year. It may include a tasting room and retail space to sell the beer to patrons on site.

Article III. Designations of Districts New Overlay Districts: § Purposes of all districts moved to this Article. Airport Overlay District (AO) § Rural Living and Low-Density Residential were combined into a Low -Density Residential District. Scenic River Corridor Overlay District (SRC) § Village Business and Village Residential were combined to form Village District § Business Professional Office District was renamed Professional Office District

Article IV. Agriculture District (A) Use Accessory Uses # P § 245 -14. 10 Boarding home SE § 245 -14. 14 3 Day Care, accessory SE § 245 -14. 5 4 Exotic wildlife, keeping of in a designated conservation area P § 245 -14. 35 5 Farmers’ Market P § 245 -14. 24 6 Honeybee Apiaries P § 245 -14. 30 7 Keeping of animals for noncommercial use P § 245 -14. 33 8 Keeping of chickens or poultry P § 245 -14. 34 9 Professional and other home occupations, no impact P § 245 -14. 53 SE P § 245 -14. 52 P § 245 -14. 60 P § 245 -14. 66 SE § 245 -14. 68 1 Agritourism Enterprise 2 10 11 Professional and other home occupations, impact (development and conservation area with a farmstead area) Sale of agricultural products in a designated conservation area 12 Solar Energy Systems 13 Special Occasion home • Permitted uses were added to the Agriculture District in order to promote a wider variety of Agricultural land uses within the Township • Table IV-1 was created to outline permitted uses • Table IV-2 was created to outline dimensional requirements

Article V. Residential Districts (R-1, R-2, R-3) Use # Residential Uses 1 Group quarters 2 Halfway House 3 Two-family detached Non-Residential Uses 4 Adaptive reuse of federally or locally designated historic building 5 Camp and campgrounds 6 Kennel 7 Landscaping and garden service, non-retail Use Regulation R-1 R-2 R-3 Specific Criteria N N N P SE P P § 245 -14. 28 § 245 -14. 29 SE P § 245 -14. 7 C C P N N N § 245 -14. 15 § 245 -14. 12 § 245 -14. 36 8 9 10 11 Library Public parks & recreation areas Accessory Uses Honeybee Apiaries Keeping of animals for noncommercial use P P P § 245 -14. 55 P P P N N N § 245 -14. 30 § 245 -14. 33 12 13 Keeping of chickens or poultry Professional and other home occupations, no impact Professional and other home occupations, impact Sale of agricultural products Solar Energy Systems Special Occasion home P P P § 245 -14. 34 § 245 -14. 53 SE P N § 245 -14. 52 P P C SE N P N § 245 -14. 60 § 245 -14. 66 § 245 -14. 68 14 15 16 17 • Districts were reduced to Low, Medium, and High Density • Residential Districts were combined into one Article • Rural living was placed into R-1 District • Tables created to easily identify permitted uses and dimensional requirements.

Article VI. Commercial, Mixed Use & Institutional Districts (C-1, C-2, VIL, PO, INS) • Commercial, mixed-use, and institutional districts combined into one Article. • Tables created to easily identify permitted residential, non-residential, and accessory uses. • Business Professional Office District renamed to Professional Office District. • New permitted uses within this Article include Farmers’ Market , Landscaping and garden services (non-retail and retail), Microbrewery, Dance/Music Studios, Keeping of chickens or poultry (for residential properties), and Solar Energy Systems

Article VII. Industrial District (IND) • New permitted uses within this Article include: Retail businesses, Restaurants, vehicle washes, and medical marijuana dispensaries, growers/processors, transport vehicle offices, and clinical research centers • Table VII-1 was created to display permitted uses Table VII-1 Industrial District (IND) Use # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Non-Residential Uses Academic clinical research centers Adult regulated facilities Airports, heliports and helistops Contractor's offices, shops and yards Convenience Stores (with or without gas dispensing) Junkyards Manufacturing (not limited) Medical marijuana dispensaries Medical marijuana growers/processors Medical marijuana transport vehicle offices Mills Mixed uses Municipal uses and buildings Natural production uses Office buildings and office centers Power-generating facilities Professional offices Public utility buildings and structures Racetracks Retail businesses Restaurants Semitrailer parking lots Solid waste processing and/or disposal facilities Storage, mini facilities Transportation terminals Trucking terminals Vehicle body shop and repair garages 29 30 31 32 Vehicle, mobile/manufactured home or trailer sales lots Vehicle washes Wireless Communications Facilities Wholesaling, storage and warehousing Accessory Uses 33 Accessory buildings, and structures Use Regulation Specific Criteria P C C P P SE P P P P SE P C P P § 245 -14. 2 § 245 -14. 8 § 245 -14. 11 § 245 -14. 20 § 245 -14. 32 § 245 -14. 39 § 245 -14. 40 § 245 -14. 41 § 245 -14. 43 § 245 -14. 55 § 245 -14. 48 § 245 -14. 50 § 245 -14. 56 § 245 -14. 57 § 245 -14. 62 § 245 -14. 67 § 245 -14. 42 § 245 -14. 71 § 245 -14. 72 P § 245 -14. 73 P C P § 245 -14. 74 § 245 -14. 17 § 245 -14. 75 P § 245 -16. 2 and § 245 16. 3

Medical Marijuana § In April 2016, Act 16 was passed by PA State Legislature to legalize growth, processing, storage, transport and dispensing of medical marijuana to those issued prescriptions for its use § We created Article XIV to regulate the land use activities to the extent the industry can be regulated under the Act § Permitted uses in the Industrial District § Specific standards were included in Article 14 for each use New Uses: Academic clinical research centers Medical marijuana dispensary Medical marijuana grower/processor Medical marijuana transport vehicle service

Article XI. Conservation Design Overlay District (CSO) • All CSO design standards were combined into one Article, rather than separated over multiple articles. • Scenic River Overlay was added to Table XI-1 with a multiplier of 1. 00.

Article XII. Airport Overlay District (AO) • New District: It is required by law for Townships to have an Airport Overlay District, but many municipalities do not have one; therefore we took the initiative to fulfill the requirement within this Ordinance. • Purpose: To “consider safety issues around the Airport, regulate and restrict the height of constructed structures and objects of natural growth, create appropriate zones, establish the boundaries thereof and provide for changes in the restrictions and boundaries of such zones…. ”

Article XIII. Scenic River Corridor Overlay District • New District: The purpose of this district is to protect, enhance, and promote the Yellow Breeches Creek. “The Yellow Breeches Creek is designated as a Scenic River and identified as High-Quality Cold Water Fishes (HQ-CWF) protected watercourse by the Commonwealth of Pennsylvania. The Yellow Breeches Creek is an important environmental, social, economic, historic, scenic, and recreational asset and resource of local and statewide importance. ” • The Overlay District shall consist of all water and land areas within one hundred (100) feet of the top of the established stream bank along the Creek. • • Defines permitted and prohibited uses within the district. Requires vegetative plantings to maintain the stream bank for stabilization, soil stability, and protection of native animal habitats.

Article XIV. Specific Standards For Designated Uses New sections: 245 -14. 9. Agritourism Enterprise 245 -14. 23. Farmers’ Markets 245 -14. 29. Honeybee Apiaries 245 -14. 35. Landscaping and garden service, non-retail/retail 245 -14. 62. Solar Energy Systems, Accessory (ASES) 245 -14. 65. Storage Yard 245 -14. 72. Wholesaling, storage and warehousing Changes made to sections: 245 -13. 3. Accessory apartments 245 -14. 32. Keeping of animals and animal structures 245 -14. 33. Keeping of chickens or poultry 245 -14. 45. Nightclubs 245 -14. 49. Professional and other home occupations, no impact 245 -14. 67. Taverns

Article XVI. General Regulations New Sections: 245 -16. 13. Parking and storage of unlicensed, uninspected or inoperable motor vehicles 245 -16. 14. Repair of personal motor vehicles § Minor amendments to the Buffer Yard Regulations, dumpster requirements, clear sight triangles (aka obstructions to vision), and yard adjustment regulations.

Article XVII. Off-street Parking And Loading • Table XVII-1 was created to display parking regulations for every permitted use. • Previously combined uses have now been separated to more easily identify. • Residential uses separated from nonresidential, institutional, and recreational uses • Changes to Section 245 -17. 3. Location of parking spaces • Parking spaces for uses other than singlefamily detached dwellings shall not be permitted in any front yard of a lot located in the C-1 District. • Updated design standards • • In the case of a driveway that extends over the common property line of a semidetached unit, a maintenance agreement shall be required between property owners for the shared driveway facilities. Parking dimensions now include parallel parking spaces

Article XVIII. Signs • Sign Article redesigned to be more user-friendly. • Permitted signs identified in a table. Permitted signs identified for all zoning districts. • Signs now permitted for non-residential uses within residential districts (e. g. Libraries, places of worship, etc. ) • New sign types permitted: • Window signs, drive-in facilities, flags, and non-conforming signs • Changes made to: • Address signs, real estate signs, temporary signs, prohibited signs New sections: 245 -18. 3. Permitted onpremise signs 245 -18. 4. Regulations by sign type 245 -18. 11. Non-conforming signs 245 -18. 13. Abandoned signs

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