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East Earl Township City Zoning Code

ARTICLE I

Title, Authority, Purpose, Community Development Goals and Objectives

§ 450-1 Short title.

This chapter shall be known as and may be cited as the "East Earl Township Zoning Ordinance."

§ 450-2 Authority.

This chapter is enacted and ordained under the grant of powers by the General Assembly of the Commonwealth of Pennsylvania, Act 247, "The Pennsylvania Municipalities Planning Code," July 31, 1968, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.

§ 450-3 Purpose.

This chapter is enacted for the following purposes:
A. 
To promote, protect and facilitate one or more of the following: the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, disaster evacuation, the provision of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds and other public requirements; as well as
B. 
To preserve prime agriculture and farmland considering topography, soil type and classification, and present use, and to preserve environmentally sensitive lands;
C. 
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. This Zoning Ordinance is made in accordance with an overall program, and with consideration for the character of the Township, its various parts, and the suitability of the various parts for particular uses and structures.

§ 450-4 Interpretation.

In interpreting and applying this Zoning Ordinance, its provision shall be held to be minimum requirements for the promotion of health, safety, morals, and general welfare of the Township. Any use permitted subject to the regulations prescribed by the provisions of this Zoning Ordinance shall conform with all regulations for the zoning district in which it is located and with all other pertinent regulations of the chapter. This Zoning Ordinance is not intended to interfere with, abrogate, annul, supersede, cancel any easements, covenants, restrictions, or reservations contained in deeds or other agreements, but if the chapter imposes more stringent restrictions upon the use of buildings, structures, and land, than are contained in the deeds or agreements, the provisions of the Zoning Ordinance shall control.

§ 450-5 Application.

The provisions, regulations, limitations, and restrictions of this Zoning Ordinance shall apply to all structures, buildings, land uses, and signs in the Township. Nothing in this Zoning Ordinance shall require any change in plans or construction of a lawful use for which a building permit has been heretofore issued prior to the effective date of this Zoning Ordinance; provided, however, that construction shall be completed within two years of the effective date of this Zoning Ordinance or of any subsequent amendment to this Zoning Ordinance. If construction is not completed within two years of the effective date of this Zoning Ordinance, a new zoning permit must be secured from the Zoning Officer, unless an extension of time has been requested by the applicant and approved by the Zoning Hearing Board as a special exception.

§ 450-6 Uses not provided for.

If a use is neither specifically permitted nor prohibited under this chapter, the applicant may make application to the Zoning Hearing Board to hear and decide such request as a special exception. If the applicant applies to the Zoning Hearing Board for such a special exception, the Zoning Hearing Board shall permit the use or deny the use in accordance with the standards for the consideration of special exceptions contained herein. The use may be permitted if the applicant demonstrates that it is of the same general character of the enumerated permitted uses in the Zoning District, is in accordance with the intended purpose of the Zoning District, is compatible with the permitted uses in the Zoning District, and complies with all performance standards applicable to such permitted uses. In addition, the applicant shall demonstrate that the proposal conforms to all general standards for all special exception applications as stated in § 450-163of this chapter. The duty to present such evidence and the burden of proof shall at all times be upon the applicant.

§ 450-7 Community development goals and objectives.

To promote and to foster the community development goals and objectives as contained in the ELANCO Regional Comprehensive Plan, dated August 2008, as amended.