Towamencin Township
City Zoning Code
City Zoning Code
ARTICLE I
Title, Purpose and Jurisdiction
§ 153-100 Short title.
This chapter shall be known and may be cited as the "Towamencin Township Zoning Ordinance of 1956, as amended by Ordinance No. 95-10 of 1995."
§ 153-101 Title.
The title of this chapter is "An ordinance regulating the 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, watercourses and other bodies of water for trade, industry, residence, recreation, public activities and other purposes, and the use of land for agriculture, water supply, conservation or other purposes, in all portions of Towamencin Township."
§ 153-102 Declaration of legislative intent.
[Amended 5-23-2001 by Ord. No. 01-7]
This chapter, 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to the extent that those regulations of mineral extraction by local ordinances and enactments have heretofore been superseded and preempted by the Act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act," the Act of December 19, 1984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," and to the extent that the subsidence impacts of coal extraction are regulated by the Act of April 27, 1966 (1st Sp. Sess., P.L. 31, No. 1), known as the "Bituminous Mine Subsidence and Land Conservation Act," 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," regardless of whether any agricultural operation within the area to be affected by the chapter 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," 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," or that regulation of other activities are preempted by other federal or state laws, may permit, prohibit, regulate and restrict uses of land, water sources and other bodies of water in accordance with Article VI of the Pennsylvania Municipalities Planning Code (Act 247), as amended, and is enacted for the following purposes:
A.
To promote the health, safety, and the general welfare of the Township.
B.
To promote, protect, encourage, and facilitate coordinated practical community development.
C.
To facilitate the adequate provision of transportation, vehicular parking and loading, water supply, sewage, schools, parks and other public requirements.
D.
To encourage the most appropriate use of land throughout the Township.
E.
To provide for the conservation, protection and preservation of natural and historic resources and prime agricultural land and activities to the greatest extent practicable.
F.
To encourage the conservation of the natural, scenic and historic values and amenities of the environment including woodlands, wetlands, aquifers, floodplains and the like.
G.
To accommodate reasonable overall community growth and provide for opportunities for the development of a variety of land use types.
H.
To encourage maintenance, management of forested or open space, and promote the conduct of forestry as a sound and economically viable use of forested land throughout the Township.
I.
To protect prime agricultural land and promote the establishment of agricultural security areas.
J.
To encourage the continuity, development and viability of agricultural operations and to not restrict agricultural operations or changes to or expansion of agricultural operations in geographic areas where agriculture has traditionally been present, unless the agricultural operation will have a direct adverse affect on the public health and safety.
K.
To provide for the reasonable development of minerals in the Township.
§ 153-103 Statement of community development objectives.
Giving effect and enforcement to the following land use and development policies and proposals established by the Towamencin Township Comprehensive Plan dated and duly adopted by the Board of Supervisors on February 9, 1989, as last amended, and herein incorporated by reference.
A.
Guiding and encouraging the future development of the Township in accordance with comprehensive planning of land use and population density that represents the most beneficial and convenient relationships among the residential, commercial, industrial and recreational areas within the Township, having regard to their suitability for the various uses appropriate to each of them and their potentiality for such uses, as indicated by topography, soil conditions, existing man-made conditions, community facilities and trends in population, housing, commerce and industry, in the direction and manner of the use of land, in building, development, and economic activity, considering such conditions and trends both within the Township and with respect to the relation of the Township to surrounding areas.
B.
Protecting the character and the social and economic stability of each of such areas and encouraging their orderly and beneficial growth while identifying the need for preserving agricultural land and protecting natural resources as relevant in protecting said character and social and economic stability.
C.
Protecting and conserving the value of land and buildings throughout the Township, depending upon necessity or circumstances, appropriate to the various zoning districts established herein.
D.
Bringing about, through proper timing, the gradual conformity of land use to the Comprehensive Plan aforesaid, and minimizing conflicts among the uses of land and buildings.
E.
Aiding in bringing about the most beneficial relation between land use and the circulation of traffic throughout the Township, having particular regard to traffic to and from the expressways, and to avoidance of congestion in the streets and the provision of safe and convenient access appropriate to the various land uses.
F.
Aiding in providing a guide for public policy and action in the efficient provision of public facilities and services, in the provision of safe and proper sanitary sewage disposal, and for private enterprise in building development, investment and other economic activity relating to land use.
§ 153-104 Interpretation.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion and protection of the public health, safety and general welfare of the residents, and the physical and natural environment of the Township. In applying and interpreting the provisions of this chapter the following provisions shall apply:
A.
Whenever any regulations made under authority of this chapter require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or lesser number of stories, or require a greater percentage of lot to be left unoccupied, or impose other more restrictive standards than are required in or under other statute, the provisions of the regulations made under authority of this chapter shall be controlling.
B.
Whenever the provisions of any other statute require a greater width or size of yards, courts or other open spaces, or require a greater percentage of lot to be left unoccupied, or impose other more restrictive standards than are required by any regulation made under authority of this chapter, the provision of said statute shall be controlling.
C.
This chapter does not repeal, abrogate, annul or in any manner impair or interfere with existing provisions of other laws or ordinances, except those specifically or implicitly repealed by this chapter, or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant hereto.
E.
Since it is impossible to provide standards for every conceivable use within this chapter, any use not specifically listed within this chapter, unless prohibited as stipulated herein, may be permitted by the Zoning Hearing Board after public notice, hearing and testimony as a special exception and said use shall be subject to the special exception provisions of this chapter and shall be permitted only within the district in which the most closely related use is currently permitted by this chapter as determined by the Zoning Hearing Board.
§ 153-105 Conflicts with other provisions.
This chapter is not intended to repeal, abrogate, annul or interfere with any existing ordinances 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.
§ 153-106 Severability.
It is hereby declared by the Board of Supervisors of Towamencin Township that the provisions, sections and subsections of this chapter are severable in accordance with the following provisions:
A.
If a court of competent jurisdiction declares any provisions of this chapter to be invalid or 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.
B.
If a court of competent jurisdiction finds the application of any provision or provisions of this chapter to any lot, building or other structure, or tract of land, to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property, or situations shall not be affected.
§ 153-107 When effective.
§ 153-108 Repealer.
The existing Zoning Ordinance, adopted April 2, 1956, as amended through December 19, 1990, and entitled "The Towamencin Township Zoning Ordinance of 1956," and all supplements and amendments thereto, upon adoption of this chapter, are hereby repealed. This chapter does not repeal provisions of other laws or ordinances except those specifically or implicitly repealed by this chapter. Further provided, however, if the present chapter is held to be ineffective or invalid by reason of some irregularity in, or impediment to, its passage, this repealer shall also be ineffective as aforesaid. Then, and only in that event, the Zoning Ordinance of 1956, together with its supplements and amendments, would remain in full force and effect, only and until such time as the irregularity in, or impediment to, this chapter has been overcome.
§ 153-109 Uniformity of application.
The regulations of this chapter shall apply uniformly to each class, use and structure within each district except as otherwise provided herein and permitted under provision of Article VI of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
§ 153-110 Application of regulations.
Hereinafter, there shall be no change of the use of any land, structure or portion thereof, the change, alteration, or extension of a nonconforming use or structure, or the construction, razing, moving, erection, structural change, alteration of, or addition to, any structure or portion thereof, the grading or earth moving, and/or erection of any stationary sign unless and until a valid permit has been approved by, and acquired from, the Towamencin Township Zoning Officer or his designated representative in conformance with all the regulations and procedures herein specified. Failure to obtain a required permit shall constitute a violation of this chapter as herein provided.