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Newtown City Zoning Code

ARTICLE I

Title, Purposes, and Jurisdiction

§ 550-1 Title.

A zoning ordinance regulating the location, height, bulk, erection, construction, alteration, razing, removal, and size of structures; the percentage of lot which may be occupied; the size of yards, courts, and other open spaces; the density and distribution of population; the intensity of use of land and bodies of water for commerce, industry, residence, recreation, public activities, and other purposes; the protection of natural features; the protection of historic resources; and the uses of land for agriculture, water supply, conservation, and other purposes in all portions of Newtown Borough.

§ 550-2 Short title.

This chapter shall be known as and may be cited as the "Newtown Borough Zoning Ordinance."

§ 550-3 Purposes and community development objectives.

This chapter is enacted in accordance with the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended)[1] to implement the following community objectives and purposes:
A. 
Preserve the residential character of the Borough and continue to accommodate a variety of housing types.
B. 
Fully respect the natural features of the Borough in all development.
C. 
Encourage preservation of historic structures and areas.
D. 
Ensure a safe and efficient transportation network for pedestrians, automobiles, and public transportation.
E. 
Support the existing nonresidential development and minimize the conflicts between the nonresidential activities and surrounding residential areas through the implementation of use regulations, opportunities for reuse, and standards on intensity and location.
F. 
Provide adequate parking for residences and businesses.
G. 
Regulate signs in a way that protects the Borough historic appearance and aesthetics while providing adequate information to patrons of the commercial areas.
H. 
Continue to foster a mix of retail, service, office, and food service uses in the commercial districts.
I. 
To promote, protect and facilitate all of the following: the public health, safety, morals, and the general welfare; coordinated and practical community development and proper density of population; emergency management preparedness and operations; the provision of adequate light and air, access to incident solar energy; police protection; vehicle parking and loading space; transportation, water, sewerage, schools, recreational facilities, public grounds, the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use, and other public requirements; as well as preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains.
J. 
To prevent 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.
K. 
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.
L. 
Recognize legal and existing nonconforming uses and protect rights for continued operation.
M. 
To implement the objectives of the Newtown Borough Comprehensive Plan, as adopted in November 1999, as amended from time to time.
N. 
To comply with the requirements of the Pennsylvania Municipalities Planning Code[2] which requires that all municipalities allow for commercial forestry and no-impact home-based businesses as permitted uses in all zoning districts.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
O. 
To regulate the bulk, scale and dimensions of land uses to be consistent with the historic development pattern of Newtown Borough.
P. 
To encourage traditional neighborhood development as permitted by Article VII-A of the Pennsylvania Municipalities Planning Code,[3] which permits each municipality to fix standards and conditions for traditional neighborhood development.
[3]
Editor's Note: See 53 P.S. § 10701-A et seq.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.

§ 550-4 Interpretation.

A. 
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of health, safety, morals and general welfare of the Borough. 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 provisions of another ordinance, enactment, rule, regulation or permit, then the provisions of this chapter shall control. The most restrictive standard or requirement shall apply in case of conflict between this chapter and other Borough ordinances.
B. 
This chapter does not repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinance, except those specifically or impliedly repealed by this chapter, or any private restriction placed upon property by covenant, deed, or other agreement.

§ 550-5 Severability.

A. 
If a court of competent jurisdiction declares any provision of this chapter to be invalid 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, and all other provisions of this chapter shall continue to be separately and fully effective.
B. 
If a court of competent jurisdiction should find the application of any provision or provisions of this chapter to any lot, building, tract of land, or other structure to be invalid in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the decision, and the application of any such provision to other persons, property or situations shall not be affected.