Warminster Township
City Zoning Code
City Zoning Code
PART 1
General Provisions
§ 27-100 Long title.
[Ord. No. 762, 5/7/2020[1]]
The title of this chapter is "An ordinance regulating and restricting the height, number of stories, and size of buildings and other structures, their construction, alteration, extension, repair, maintenance and all facilities and services in or about such buildings and structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purpose, and the establishment and maintenance of building lines and setback building lines upon any or all public roads or highways of the Township of Warminster."
[1]
Editor's Note: This ordinance also superseded former Ch. 27, Zoning, adopted by Ord. 689, 9/10/2009, as amended.
§ 27-101 Short title.
[Ord. No. 762, 5/7/2020]
This chapter shall be known as and may be cited as the "Warminster Township Zoning Ordinance."
§ 27-102 Purpose.
[Ord. No. 762, 5/7/2020]
1.
The purposes of this chapter are the promotion of the public health, safety, morals or the general welfare and:
A.
To promote, protect, and facilitate the public health, safety, and general welfare, coordinated and practical community development and proper density of population, emergency management preparedness and operations, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, recreational facilities and public grounds; the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use, as well as preservation of the natural, scenic and historic values of the environment and preservation of forests, wetlands, aquifers and floodplains.
B.
To prevent overcrowding of land, blight, danger and congestion in travel and transportation and loss of health, life or property from fire, flood, panic or other dangers in accordance with an overall program and with consideration for the character of the municipality, its various parts and the suitability of the various parts for particular uses and structures.
C.
To provide standards to control the amount of open space and impervious surfaces within a development; to control the intensity of development in areas of sensitive natural resources or natural features in order to reduce or eliminate adverse environmental impacts.
D.
To provide methods to implement Article I, Section 27, of the Constitution of the Commonwealth of Pennsylvania, which decrees that the people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic, and aesthetic values of the environment, and to protect natural resources which are a part of the ecological system to which we are all bound and, therefore, are the common property of all the people, including generations yet to come, and must be protected to insure the health, safety and welfare of all the people.
E.
To provide for the use of land for commerce, industry, institutions, and residential housing of various dwelling types and reasonable overall community growth.
F.
To regulate the growth of the Township.
G.
To lessen the danger and congestion of traffic on the roads and highways.
H.
To protect the Township's historic buildings and historic resources.
I.
To give effect to policies and proposals of the Comprehensive Plan of Warminster Township of current adoption:
(1)
To protect the natural environments.
(2)
To provide a variety of housing opportunities.
(3)
To help maintain the tax base.
(4)
To provide and maintain efficient public services and facilities.
(5)
To maintain and enhance the transportation system.
(6)
To maintain and enhance the character of Township neighborhoods.
(7)
To enhance the historic integrity of villages and protect historic resources.
J.
To encourage practices that save energy, reduce harmful environmental impacts, reduce reliance on fossil fuels, and encourage greener practices in overall community development.
§ 27-103 Interpretation.
[Ord. No. 762, 5/7/2020]
1.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare. Where the provisions of any statute, other ordinance, or regulation impose greater restrictions than this chapter, the provisions of such statute, ordinance, or regulation shall be controlling.
2.
Nothing contained in the provisions of this chapter shall be interpreted or construed to permit discrimination against any person who suffers from a handicap as that term is defined in Section 3602(h) of the Fair Housing Act [42 U.S.C. § 3602(h)] and is protected as such from discrimination under the provisions of Section 3604(f) thereof [42 U.S.C. § 3604(f)], and the Zoning Officer is hereby authorized to make reasonable accommodation in the interpretation, application and enforcement of the provisions of this chapter and any rules, policies, practices or services implemented in conjunction therewith when such accommodation may be necessary to afford such person equal opportunity to use and enjoy a dwelling.
§ 27-104 Exemption of Township properties.
[Ord. No. 762, 5/7/2020]
The provisions of this chapter of the Code of the Township of Warminster, also known as the "Warminster Township Zoning Ordinance," as amended, shall not apply to any tracts, lots or parcels of land situate in Warminster Township which are presently owned or leased by Warminster Township. The Zoning Ordinance, as amended, shall not apply to any sign or signs installed within the Township and its rights-of-way, either of a temporary or permanent nature, when installed at the direction or authorization of the Township Manager or Board of Supervisors. Any tracts, lots or parcels of land which are or may be acquired by Warminster Township in the future, after acquisition by the Township and so long as held by the Township or an authority which may hereinafter be created by and through the powers of the Board of Supervisors of Warminster Township, shall be exempt from the application of regulations of the Zoning Ordinance of Warminster Township or any subsequent amendments thereto for so long as the tracts, parcels or lots of ground are held in such Township ownership.
§ 27-105 Severability.
[Ord. No. 762, 5/7/2020]
1.
It is hereby declared to be the intent of the Township of Warminster that:
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 to 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 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 the other persons, property or situation shall not be effected.