Cumberland County Review Report
Cumberland County Planning Department
310 Allen Road, Suite 101
Carlisle, PA 17013
Telephone: (717) 240-5362
Name of Amendment:
Zoning Ordinance Update
Municipality:
Date Received:
Date Reviewed:
Reviewed By:
Checked By:
Upper Allen Township
8/23/2016
9/15/2016
SJW/JK
Planning
Commission
Type of Amendment:
Recommendation:
New Zoning Ordinance
Approval With Comments
Explanation of Amendment:
Upper Allen Township updated its Comprehensive Plan in December 2013. Since then, the
Township has been working to update its zoning ordinance to be consistent with the
recommendation of the 2013 Comprehensive Plan and incorporate other amendments. The
proposed zoning update includes a variety of text and map changes.
Summary of Text Changes:

Article I. Title, Purpose & General Provisions – Minor updates

Article II. Land Use Definitions – Miscellaneous updates to definitions. New definitions
related to Agriculture Uses, Medical Marijuana Uses and Solar Energy Systems

Article III. Designation of Districts – Village Business and Village Residential combined to one
Village District. New Scenic River Overlay District and Airport Overlay District. Amend name
of BPO to Professional Office. Consolidate Rural Living into Low Density Residential.

Article IV. Agricultural District – Expand list of agricultural and conservation uses

Article V, Residential Districts – Expand list of non-residential and accessory uses. Changes
to dimensional requirements.

Article VI. Commercial, Mixed Use and Institutional Uses – Expand list of non-residential and
accessory uses

Article VII. Industrial District – Expand list of non-residential and accessory uses including the
addition of Medical Marijuana Uses.

Article VIII. PRD Overlay District – Increase number of copies for submissions, limit PRD to
R2

Article IX. Steep Slope Overlay District – Minor updates

Article X. Floodplain Regulations – No changes proposed

Article XI. Conservation Design Overlay District – Incorporate Scenic River Overlay
provisions to density calculations, Remove option from RL district.

Article XII. Airport Overlay District – New district

Article XIII. Scenic River Overlay District – New district

Article XIC. Specific Standards – New standards for Agri-tourism Enterprises, Farmers
markets, Honeybee apiaries, Keeping of animals and poultry, Landscaping and Garden
service, Medical Marijuana Uses, Solar Energy Systems and
Wholesaling/Storage/Warehousing

Article XV. Non-Conformities – Minor update

Article XVI. General Regulations – New standards for Parking and Storage of Unlicensed
Vehicles and Repair of Vehicles

Article XVII. Off-Street Park/Loading – Various amendments to parking requirements
including expansion of list to incorporate new or previously unspecified uses

Article XVIII. Signs – Various amendments to sign language including new language for nonconforming and abandoned signs.

Article XIX. Administration – Minor update
Summary of Map changes (letters correspond to proposed map):
A. C-1 (Neighborhood Commercial) was added to a small area of Williams Grove Road on the
northwest part of the township. It is currently R-2 (Medium Density). CC FLU-Residential,
UAT-Neighborhood Commercial
B. Gate of Heaven Cemetery on York Road was changed from Agriculture to C-1. CC FLUInstitutional, UAT FLU-Commercial
C. Consolidation of R-1 (Low Density) and R-2, to all R-2, for Meadowview development and
properties along Fisher Road. CC FLU-Residential, UAT-Medium Density Residential
D. Mechanicsburg School District property changed from R-1 to Institutional. CC FLUInstitutional, UAT-Public/Semi-Public
E. C-2 (Highway Commercial) and R-2 to C-1. CC FLU-Commercial/Residential, UATNeighborhood Commercial
F. C-1 to C-2. CC FLU-Highway Interchange/Commercial, UAT-Commercial
G. C-1 was extended south along Gettysburg Pike, properties are currently R-2 and R-1. CC
FLU-Residential, UAT-Neighborhood Commercial
H. Consolidated Village Residential and Village Business together to create one Village district.
CC FLU-Village, UAT- Village
I.
Rural Living was consolidated into R-1 (Low Density Residential) CC FLU-AgricultureRural/Residential/Conservation, UAT-Low Density Residential
J. Dedicated parkland changed to R-1 from PRD. CC FLU-Residential, UAT-Medium Density
Residential
K. BPO and R-2 changed to C-1 including Township building and several other properties along
Gettyburg Pike. CC FLU-Residential, UAT-Public/Semi-Public, Neighborhood Commercial
L. Business Professional Office renamed to Professional Office CC FLU-Highway Interchange,
UAT-Commercial
M. R-1 to R-2. CC FLU-Residential, UAT-Medium Density Residential
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N. VR and R-2 to C-1. CC FLU- Residential, UAT-Neighborhood Commercial
O. Bumblebee Hollow development changed from BPO to R-2. CC FLU-Residential, UATMedium Density Residential
Consistent with Municipal Comprehensive
Plan:
Consistent with County Comprehensive Plan:
Project is Consistent
Project is Generally Consistent
Comments and Recommendations:
1. The proposed zoning changes are generally consistent with the Cumberland County Future
Land Use Map and Upper Allen Township Future Land Use Map. Refer to summary of map
changes for consistency with County and Township Future Land Use Maps.
2. The Township utilized model ordinance language from various sources including:
Cumberland County models for Solar Energy Systems, Accessory Agriculturally Related
Enterprises, Farmer's Markets and Non-Commercial Keeping of Livestock/Beekeeping, TriCounty Regional Planning Commission model for Medical Marijuana and PennDOT Airport
Overlay model.
3. Section 245-3.1 (page 1) – Add Airport Overlay to list of overlay districts
4. Section 245-2.1.B (Page 17-18). Definition of Driveway - Suggest clarifying the intent of
phrase “or other structure.” It could be interpreted to mean “other residential structures” or
include all land uses.
5. Section 245-2.1.B (Page 36). Under the definition of Microbrewery, the term ‘beer’ is
misspelled.
6. Section 245-2.1.B (Page 53) and Section 245-18.7 (Page 9) The Township solicitor should
review signage language for conformance with the recent Supreme Court Ruling Reed VS
Town of Gilbert, Arizona. The newly added “Real Estate Sign” category appears to be
content-based in nature.
7. Section 245-4.2 Recommend consistent language between Section 245-4.2 (Page 2)
“Professional and other home occupations, Impact” and 245.14.52 (Page 59) “Professional
and other home occupations Other than No-Impact home based businesses”
8. Section 245-14.52 (Page 59) & Definitions (Page 28) Criteria A in Section 245-14.52 is
inconsistent with the definition of Home Occupation. Definition indicates all commercial
activity should be conducted in the principal unit, but part A provides for commercial activity in
accessory structure.
9. Section 245-14.53 (Page 60) The proposed change is inconsistent (less stringent) than
language in the MPC for a no-impact home based business.
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10. Section 245-14.39 (Page 46-48) How is a drug free school zone in 245-14.39.J defined?
Seems duplicative with requirement in 245-14.39.H. The 250 foot setback from playground
and recreation center and 1000 foot setback from nearest medical marijuana facility (from a
Medical Marijuana dispensary) appears more restrictive than other uses in the zone and may
be preempted by Act 16 of 2016 (245-14.39.J).
11. Section 245-14.40 (Page 48) The 250 foot setback from playground and recreation center
and 1,000 foot setback from drug free school zone (from a Medical Marijuana
Grower/Processor) appears more restrictive than other uses in the zone and may be
preempted by Act 16 of 2016.
12. Section 245-18 (Page 8) Numbering issue with “Signs permitted in all districts without a
permit.” 245-16.7 should be 245.18.7
13. For ease of use, the Township should consider page numbering the full body of the text,
rather than restarting page numbering for each individual chapter.
“Section 505 (b) and 609 (g) of the Municipalities Planning Code requires that amendments to municipal ordinances be filed
with the county planning agency. If this amendment is approved, please forward a final copy to the county planning office
so we may update our records.”
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