Upper Moreland Township
City Zoning Code
City Zoning Code
ARTICLE I
Purpose and Objectives
§ 350-1 Title and scope.
This document and chapter, herein entitled "The Upper Moreland Township Zoning Ordinance," regulates the location, height, bulk, erection, construction, alteration, raising, removal, and size of structures; the percentage of a lot which may be occupied; the size of yards, buffers, and other open spaces; the density and distribution of population; the intensity of use of land or bodies of water for commerce, industry, residence, recreation, public activities, or other purposes; the provision of parking for motor vehicles; the erection of signs; and the uses of land for conservation, commerce, development, resource protection, and other purposes, in all portions of Upper Moreland Township.
§ 350-2 Short title.
This chapter shall be known as and may be cited as the "Zoning Ordinance," as amended from time to time.
§ 350-3 Purpose; declaration of legislative intent.
A.
This chapter is enacted in accordance with Article VI of the Pennsylvania Municipalities Planning Code[1] for the purposes of promoting the health, safety, morals, and general welfare of the inhabitants of Upper Moreland Township. The provisions of this chapter are designed to:
(1)
Minimize the danger and congestion in the streets and other transportation routes; secure safety from fire, panic and other dangers; provide adequate access to sunlight and air.
(2)
Prevent the loss of health, life, or property from fire, flood, panic, or other dangers.
(3)
Prevent overdevelopment of land and overcrowding of population.
(4)
Facilitate the adequate provision of transportation, water, sewerage, schools, parks, open space and other public requirements.
(5)
Conserve the value of buildings.
(6)
Preserve and protect environmental areas.
(7)
Encourage the most appropriate use of land; and providing for the orderly growth of the Township.
(8)
Promote a comprehensive land use pattern which recognizes the unique cultural, historical, and natural features of Upper Moreland Township and provide for the preservation of these features.
[1]
Editor's Note: See 53 P.S. § 10601 et seq.
§ 350-4 Statement of community development objectives.
This chapter intends to implement the guidelines established by the "Upper Moreland 2040 Comprehensive Plan," adopted by the resolution of the Board of Commissioners in July 2020, subject to amendment from time to time. This chapter intends also to accomplish the following objectives:
A.
Guiding and encouraging the future development of the Township in accordance with the comprehensive planning of land use and population density that represents that 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 potential for such uses, as indicated by topography and soil conditions, existing man-made conditions, and the trends in population, in the direction and manner of the use of land in building development, and in 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 social and economic stability of each of such areas and encouraging their orderly and beneficial growth.
C.
Protecting and conserving the value of land and buildings throughout the Township 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.
Encouraging the development of large open tracts of ground under single conceptual design employing residential, commercial or industrial uses, or any combination of the three, in such fashion as to integrally relate with the use and development of neighboring areas.
F.
Aiding in bringing about the most beneficial relation between land use and the circulation of traffic throughout the Township, having particular regard to avoidance of congestion in the streets and to providing safe and convenient access appropriate to the various land uses.
G.
Providing a guide for public safety 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, insofar as such activities are consistent with the purpose set forth in § 350-1 and are within the aforesaid minimum requirements therefor. The provisions of this chapter shall be interpreted, administered and applied in such a manner as will facilitate attainment of the aforesaid objectives.
§ 350-5 Interpretation.
This interpretation and application of the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.
A.
The provisions of this chapter shall be the minimum requirements to ensure the promotion of health, safety, and welfare. The Comprehensive Plan, in accordance with which this chapter has been enacted, is reflected in the provisions of this chapter. The Comprehensive Plan and this chapter have been formulated to implement the purposes set forth in § 350-3, as well as the community development objectives set forth in § 350-4.
B.
It is the further intent of this chapter that any recommendations made by any planning agency to any governing body shall be advisory only.
C.
Whenever the provisions of any other statute require a greater width or size of yards, buffers, or other open spaces, or require a lower height of buildings or smaller number of stories or require a greater percentage of lot to be left unoccupied or impose other higher standards than are required in or under this statute, the provisions of the regulations made under authority of this chapter shall govern.
D.
This chapter does not repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or impliedly repealed by this chapter, nor any private restrictions placed upon property by covenant, deed, or other private agreement, unless averse hereto.
E.
In the event conflicts arise between a definition in this chapter and definitions in existing local or county codes, the definitions in this chapter shall prevail.
§ 350-6 Severability.
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. If a court of competent jurisdiction finds the application of any provision or provisions of this chapter to any use, lot, building, tract of land, or other structure 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 application of any such provision to other persons, property, or situations shall not be affected.