East Brandywine Township
City Zoning Code
City Zoning Code
ARTICLE I
Introductory Provisions
§ 399-1 Title and effective date.
This chapter shall be known and may be cited as "The East Brandywine Township Zoning Ordinance of 1989." It is effective as of April 27, 1989.
§ 399-2 General purpose.
This chapter is enacted for the purpose of promoting the health, safety, general welfare, and coordinated and practical community development of the Township; is in accordance with the East Brandywine Township Comprehensive Plan; and is designed to lessen congestion on the roads and highways, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue congestion of population, to facilitate the adequate provision of transportation, vehicle parking, water, sewage facilities, schools, parks and other public requirements, to conserve the value of buildings, and to encourage the most appropriate use of land throughout the Township.
§ 399-3 Objectives.
The East Brandywine Township Comprehensive Plan, adopted July 14, 1987, in accordance with which this chapter is enacted and which is reflected in the provisions of this chapter, establishes Township policies for protecting community resources (Part III), guiding future uses of land (Part IV), and providing adequate facilities and services (Part V). That plan has been formulated to implement the purposes set forth in § 399-2 above, in the respects therein stated and more particularly with a view toward the following community development objectives:
A.
Guiding the future development of the Township in accordance with comprehensive planning of land use and population density that represents the most practical, beneficial, and convenient relationships among the residential, commercial, agricultural, open space, and recreational areas within the Township, having regard to their suitability for the various uses appropriate to each of them and their potential for such uses, as indicated by topography, soil, and other natural conditions, existing man-made conditions, historical significance, visual and aesthetic qualities, and trends in population, in the direction and manner of the use of land, in considering such conditions and trends both within the Township and with respect to the relation of the Township to surrounding areas.
B.
Protecting the character and the social and economic stability of each of such areas and encouraging their orderly and beneficial growth.
C.
Protecting and conserving the value of land and buildings throughout the Township in relation to the various zoning districts established herein.
D.
Achieving, through proper timing, the gradual conformity of land use to the Comprehensive Plan, and minimizing conflicts among the uses of land and buildings.
E.
Aiding in bringing about the most beneficial relation between land use and the circulation of traffic throughout the Township, a lessening of congestion on the roads, and the provision of safe and convenient access appropriate to the various land uses.
F.
Contributing to the guidance of public policy and actions in the efficient provision of public facilities and services; in the provision of adequate water supplies and safe, proper sanitary sewage disposal; and for private enterprise in building development, investment, and other economic activity relating to land use.
G.
Protecting the existing resources and values of the community, both natural and man-made, against undesirable impacts of change insofar as such objectives are consistent with the purposes set forth in § 399-2 and with the aforesaid minimum requirements therefor. The provisions of this chapter shall be interpreted, administered, and applied in such manner as will facilitate attainment of the said objectives.
§ 399-4 Scope of regulations.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, and general welfare of the Township. The use and development of all land, and the construction of every building or portion thereof, will be subject to the regulations contained herein.
§ 399-5 Interpretation.
It is not intended by this chapter to repeal, abrogate, annul, or interfere with any existing ordinance or enactment, or with any rule, regulation, or permit adopted or issued thereunder, except insofar as the same may be inconsistent or in conflict with any of the provisions of this chapter; provided that, where this chapter imposes greater restrictions upon the use of buildings or land, or upon the height and bulk of buildings, or prescribes larger open spaces than are required by the provision of such ordinance, enactment, rule, regulation, or permit, then the provisions of this chapter shall control.
§ 399-6 Severability.
Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this chapter as a whole or of any other part thereof.
§ 399-7 Repealer.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed, including in particular the East Brandywine Township Zoning Ordinance of 1970, as amended.