North Wales City Zoning Code
ARTICLE I
Legislation and Scope
§ 208-1 Title.
This chapter shall be known and cited as the "Borough of North Wales Zoning Code" and the map as the "Zoning Map."
§ 208-2 Legislative intent.
A.
This chapter is designed to promote, protect and facilitate the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population and vehicle parking and loading space.
B.
It enumerates distinct classes of land use and regulates and restricts the height, number of stories and size of buildings and other structures hereafter erected or altered, the percent of lot that may be occupied, the size of yards, courts and other open spaces, density of population, location and use of buildings and establishes boundaries for said purposes.
C.
It provides the necessary administrative procedures and provisions for personnel for its enforcement.
§ 208-3 Community development objectives.
Community development objectives are the following:
A.
That decisions on community development in the Borough be guided by its Comprehensive Plan.
B.
That the Borough make every effort to cooperate with surrounding municipalities in recognition of the fact that the prosperity of the North Penn area has a marked effect on the community.
C.
That the Borough preserve and protect its architectural, historic and cultural heritage wherever and whenever possible.
D.
That the Borough strive for aesthetic improvement and community beautification in all areas of North Wales.
E.
That the Borough strive to preserve and increase recreational and open space amenities wherever and whenever possible.
F.
That the Borough strive for the most beneficial relationship between traffic movement and land use in order to avoid congestion on the streets.
G.
That the Borough continue to relate improvements to fiscal capabilities, present and projected, to support needed facilities.
H.
That the Borough strives to have a vibrant downtown business district.
I.
Furthermore, that this chapter is designed and intended:
(1)
To protect and preserve the social and economic stability of residential neighborhoods which are predominant within the Borough.
(2)
To separate intensive commercial and industrial uses from residential neighborhoods.
(3)
To provide suitable opportunity for institutional uses along major roadways and recognize existing institutional uses within the Borough while preventing intrusion into residential neighborhoods.
(4)
To protect and conserve the value of land and buildings throughout the Borough.
§ 208-4 Conflict with other provisions.
It is not intended by this chapter to repeal, abrogate, annul or interfere with any existing chapter 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 restriction 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 such chapter, enactment, rule, regulation or permit, then the provisions of this chapter shall control, except to the extent that those regulations of mineral extraction by local ordinances and enactments have heretofore been superseded and preempted by the Act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act,"[1] the Act of December 19, 1984 (P.L. 1093, No. 219), known as the "Noncoal Surface Mining Conservation and Reclamation Act," and the Act of December 19, 1984 (P.L. 1140, No. 223), known as the "Oil and Gas Act,"[2] and to the extent that the subsidence impacts of coal extraction are regulated by the Act of April 27, 1966 (First Sp. Sess., P.L. 31, No. 1), known as the "Bituminous Mine Subsidence and Land Conservation Act,"[3] and that regulation of activities related to commercial agricultural production would exceed the requirements imposed under the Act of May 20, 1993 (P.L. 12, No. 6), known as the "Nutrient Management Act,"[4] regardless of whether any agricultural operation within the area to be affected by the ordinance would be a concentrated animal operation as defined by the "Nutrient Management Act," the Act of June 30, 1981 (P.L. 128, No. 43), known as the "Agricultural Area Security Law,"[5] or the Act of June 10, 1982 (P.L. 454, No. 133), entitled "An Act Protecting Agricultural Operations from Nuisance Suits and Ordinances under Certain Circumstances,"[6] or that regulation of other activities are preempted by other federal or state laws.
[1]
Editor's Note: See 52 P.S. § 1396.1 et seq.
[2]
Editor's Note: The Oil and Gas Act of 1984 was repealed by P.L. 87, No. 13, § 3(2), effective April 16, 2012. See now 58 Pa.C.S.A. §§ 3201 et seq.
[3]
Editor's Note: See 52 P.S. § 1406.1 et seq.
[4]
Editor's Note: The Nutrient Management Act of 1993 was revised. See now 3 Pa.C.S.A. § 311 et seq. and 3 Pa.C.S.A. § 501 et seq.
[5]
Editor's Note: See 3 P.S. § 901 et seq.
[6]
Editor's Note: See 3 P.S. § 951 et seq.
§ 208-5 Interpretation.
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 morals and general welfare of the Borough. It is not intended by this chapter to interfere with any building code heretofore or hereafter adopted or any rules or regulations of the county, state, or federal government.
§ 208-6 Borough, municipal, state, federal, and public utility exemption.
A.
This chapter shall not apply to uses, buildings, or structures owned or operated by North Wales Borough or by a municipal authority created solely by North Wales Borough for uses, buildings, and structures that are intended for a public utility, stormwater, public recreation, or public health and safety purpose.
B.
Federal and state property is subject to the provisions of this chapter only insofar as permitted by the Constitution and laws of the United States and the Commonwealth of Pennsylvania.
C.
In accordance with 53 P.S. § 10619, this chapter shall not apply to any existing or proposed building or extension thereof or to any land used or to be used by a public utility corporation if, upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed situation or use of the building or land in question is reasonably necessary for the convenience or welfare of the public.
§ 208-7 Validity.
Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such section or provision shall not affect the validity of the chapter as a whole, or of any other part thereof.