Ephrata City Zoning Code
ARTICLE I
Title; Purpose; Applicability; Repealer; Severability; Enactment; Effective Date
§ 319-1 Title.
A new zoning chapter:
A.
Dividing the Borough of Ephrata, Lancaster County, Pennsylvania into zoning districts with varying regulations;
B.
Permitting, prohibiting and regulating: the uses of land, watercourses and other bodies of water, the size, height, bulk, location, erection, construction, expansion, razing, removal and use of structures, the areas and dimensions of land and water to be occupied by uses and structures, as well as open areas to be left unoccupied;
C.
Establishing the maximum density and intensity of uses;
D.
Providing for the administration and enforcement of this chapter in accordance with the Pennsylvania Municipalities Planning Code (Act of 1968, P.L., No. 247 as reenacted and amended hereinafter referred to as "the MPC"),[1] including provisions for special exception uses and variances to be administered by a Zoning Hearing Board; and
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E.
Establishing provisions for the protection of certain natural features.
§ 319-2 Short title.
This chapter shall be known and be cited as the "Borough of Ephrata Zoning Ordinance of 2019."
§ 319-3 Purposes and community development objectives.
This chapter is hereby adopted:
B.
To carry out the following major community development objectives:
(1)
To serve the goals and objectives of the Borough of Ephrata Comprehensive Plan, which are hereby included by reference, and the goals of the Lancaster County Comprehensive Plan;
(2)
To conserve environmentally sensitive lands;
(3)
To promote traditional styles of development and strong neighborhoods;
(4)
To provide compatibility between various types of and uses, and encourage compatible mixes of uses;
(5)
To provide for a variety of residential densities and housing types;
(6)
To direct industrial development and intensive commercial development to locations that will minimize conflicts with homes;
(7)
To promote new business development in appropriate areas that will provide additional tax revenue and job opportunities; and
(8)
To promote pedestrian-friendly and bicycle-friendly patterns of development.
§ 319-4 Applicability; chapter references.
A.
Except as otherwise provided herein, from and after the effective date of this chapter: i) the use of land; or ii) a structure used, erected, altered with respect to height and area added to, or relocated in the Borough shall be in conformity with the provisions of this chapter. A zoning permit, and/or a building permit and other permits and/or approvals as circumstances dictate, are required prior to the start of construction, development, occupancy or use. The provisions, regulations and restrictions of this chapter shall apply throughout the Borough of Ephrata to all structures, buildings, uses and signs unless otherwise exempted herein or by state or federal law. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter.
B.
Nothing in this chapter shall require any change in plans or construction of a lawful use commenced prior to the effective date of this chapter and which is completed within the time period(s) prescribed by law, permit, or decision of any governmental entity having appropriate jurisdiction. Any lawfully existing lot, structure or use of land or structure not in conformity with the requirements and standards herein shall be regarded as nonconforming, but may be continued, expanded, or changed subject to the special regulations provided herein with respect to a nonconforming lot, structure or use. This chapter shall not apply to any existing or proposed uses, lots or structure (including signs) owned, occupied, and/or operated by the Borough of Ephrata.
C.
All references in this chapter to "chapters" shall mean chapters of the Codified Ordinances of the Borough of Ephrata.
§ 319-5 Conflicts; severability; defects in enactment.
A.
Conflicts. Where this chapter imposes greater restrictions upon the use of structures or land, or upon the height and bulk of structures, or the size of open spaces that are required by the provisions of any other ordinance, then the provisions of this chapter shall control. If a discrepancy exists between any provisions contained within this chapter, the provision which imposes the greater restriction shall apply.
B.
Severability. It is hereby declared to be the legislative intent that if a court of competent jurisdiction declares this chapter to be ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective. It is hereby declared as the intent of the Borough Council that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein. If the entire Zoning Ordinance should be declared invalid, then the Borough of Ephrata Zoning Ordinance, Ordinance No. 1183, codified as Chapter 319, Zoning, of the Code of the Borough of Ephrata, as amended, that was in effect immediately prior to the enactment of this new Zoning Ordinance shall automatically be reinstated as the Zoning Ordinance for the Borough of Ephrata.
C.
Procedural defects in enactment. Allegations that this chapter or any amendment was enacted in a procedurally defective manner shall be appealed as provided by state law.
§ 319-6 Repealer.
Except as otherwise required by law, this chapter is intended as a continuation of, and not a repeal of, existing regulations governing the subject matter. To the extent that this chapter restates regulations contained in ordinances previously enacted by the Borough, this chapter shall be considered a restatement and not a repeal of such regulations. It is the specific intent of the Council of the Borough of Ephrata that all provisions of this chapter shall be considered in full force and effect as of the date such regulations were initially enacted. All ordinances or parts of ordinances and all resolutions and parts of resolutions which are inconsistent herewith by virtue of references to or incorporation of requirements contained in Ordinance No. 1183 codified as Chapter 319, Zoning, of the Code of the Borough of Ephrata and amendments thereto shall as nearly as possible be construed to reference this chapter. All ordinances or parts of ordinances in conflict with this chapter or amendment thereto or inconsistent with the provisions of this chapter or amendment are hereby repealed to the extent necessary to give this chapter full force and effect; provided, however, that the provisions of Ordinance No. 1183 and all amendments thereto shall be applied to all subdivision and land development applications and plans to which such provisions are applicable under the requirements of Section 508(4) of the Pennsylvania Municipalities Planning Code,[1] and provided further that nothing in this chapter shall be construed to affect any act done, contract executed or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted to enforce any rights, rule, regulation or ordinance, or part thereof, or to punish any violation which occurred under any prior zoning regulation or ordinance. In the event any violation has occurred under any prior zoning regulation or ordinance, prosecution may be initiated against the alleged offender pursuant to the provisions of said prior zoning regulation or ordinance and the provisions and penalties provided in said prior zoning regulation or ordinance shall remain effective as to said violation.
[1]
Editor's Note: See 53 P.S. § 10508(4).
§ 319-7 Enactment and effective date.
Under the authority conferred by the Pennsylvania Municipalities Planning Code,[1] as amended, the Borough Council of the Council of the Borough of Ephrata hereby enacts and ordains into an ordinance this Article I, and Articles II through XV, Zoning Map, ROD Overlay District Map and Index attached hereto and incorporated herein as though fully set forth this 12th day of August, 2019. This chapter shall become effective on the earliest date permitted by 8 Pa.C.S.A., Part 1, § 101 et seq. (the Borough Code), following its enactment by the Council of the Borough of Ephrata, County of Lancaster, Commonwealth of Pennsylvania.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.