Elverson City Zoning Code
ARTICLE I
Preamble
§ 290-101 Short title.
This chapter shall be known and may be cited as the "Elverson Borough Zoning Ordinance of 2018."
§ 290-102 Purpose.
A.
To promote, protect and facilitate the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, the provision of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, community facilities, and other public improvements; 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 the overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flooding, panic or other dangers.
C.
To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.
D.
To enact an ordinance in accordance with the Municipalities Planning Code and an overall planning program, with consideration for the character of the Borough, its various parts, and the suitability of the various parts for particular uses and structures.
§ 290-103 Statement of community development objectives.
The objectives of zoning, as embodied in this chapter, are derived from and conform to the comprehensive planning processes and activities of Elverson Borough and its policies for resource protection, land use, growth management, housing, circulation, and the provision of community facilities and services. The particular objectives for community development which Elverson Borough seeks to achieve through this chapter are among those contained in the Elverson Borough Comprehensive Plan of 2014, consistent with the requirements for such as prescribed in Section 606 of the Pennsylvania MPC, Act 247, as amended.[1] Those particular goals, as articulated within the Comprehensive Plan, are as follows:
A.
Provide for orderly growth that encourages economic vitality and quality of life while promoting a balance between existing businesses, growth and resource protection.
B.
Encourage a variety of housing options in the Borough to address population needs while maintaining the quality and diversity of the existing housing stock.
C.
Provide and promote accessible, efficient, reliable and fiscally responsible community services and facilities.
D.
Ensure a safe and effective roadway system that is compatible with surrounding land uses.
E.
Create a walkable and bikeable pedestrian-oriented community where sidewalks and trails safely connect community destinations.
F.
Protect, enhance and maintain natural resource features, landscapes and functions to sustain ecosystems, public health, and quality of life.
G.
Identify, preserve, protect and enhance the integrity of historic and scenic resources and their settings to maintain the Borough's heritage and character.
H.
Promote the establishment and maintenance of a network of recreational facilities and open space lands that provide public health, ecological, economic, and quality-of-life benefits.
[1]
Editor's Note: See 53 P.S. § 10606.
§ 290-104 Authority.
§ 290-105 Interpretation and scope.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the aforementioned purposes and objectives. From and after the effective date of this chapter, the use, construction and development of all land, buildings, structures, signs or portions thereof shall be subject to the regulations herein. Any existing buildings, structures, land, uses or signs existing at the effective date of this chapter that are not in conformity with the regulations herein may be continued, extended or changed in accordance with the regulations herein contained relating to nonconformities.
§ 290-106 Conflict.
A.
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. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall prevail. Where the provisions of any statute, other ordinance or regulation shall impose greater restrictions than the provisions of this chapter, the greater restrictions shall prevail.
B.
Specific references herein to other applicable regulations (e.g., Pennsylvania Department of Environmental Protection) are advisory and do not waive applicability of any other regulations not specifically referenced.
§ 290-107 Validity and severability.
If any section, paragraph, subsection, clause, phrase, term, word or provision of this chapter should 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.
§ 290-108 Repealer.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed. The Elverson Borough Zoning Ordinance of 1998 and amendments thereto are hereby repealed.
§ 290-109 Effective date.
This chapter shall be known and may be cited as the "Borough of Elverson Zoning Ordinance of 2018." This chapter shall take effect and be in force from and after its adoption this 4th day of September 2018.