[Ord. 2005-9, 12/29/2005, § 101]
This chapter shall be known, and so cited, as the "East Nottingham
Township Zoning Ordinance of 1971, Revised in 1989, as Amended from
Time to Time Including a Comprehensive Amendment in 2005." It shall
be referred to herein as "this chapter."
[Ord. 2005-9, 12/29/2005, § 102]
1. This chapter as amended is prepared in accordance with community
goals and objectives as set forth in the East Nottingham Township
Open Space Plan, the land use policies of the Chester County Landscapes
plan element, and with consideration for the character of East Nottingham
Township, its various parts, and the suitability of the various parts
for particular uses and structures, and with the view to conserving
the value thereof and encouraging the most appropriate use of land
throughout the Township. The chapter is enacted under and pursuant
to the Pennsylvania Municipalities Planning Code, Act 247 of 1968,
53 P.S. § 10101 et seq., as amended.
2. The purpose of this chapter is to provide zoning regulations:
A. To promote, protect, and facilitate:
(1)
Public health, safety, morals, and general welfare.
(2)
Coordinated and practical community development.
(3)
Proper density of population.
(4)
Provisions of adequate light and air.
(5)
Vehicle parking and loading space.
(6)
Safe and efficient travel by vehicles, bicycles, and pedestrians.
(7)
Water, sewerage, schools, public grounds, and other public requirements.
B. To preserve:
(1)
Prime agricultural land, considering topography, soil type and
classification, historic use, traditional character, and present use.
(2)
Environmentally sensitive lands and historic resources.
C. To avert:
(1)
Overcrowding of land, blight.
(2)
Congestion in travel and transportation.
(3)
Loss of health, life, or property from fire, flood, panic, or
other dangers.
[Ord. 2005-9, 12/29/2005, § 103]
1. The Board of Supervisors hereby states the policy goals of the Township as listed in the following community development objectives. These objectives are in accordance with the purposes stated in §
27-102, are designed to implement those purposes, and should be used when interpreting the provisions of this chapter:
A. Guide the future development of the Township in accordance with the
goals, objectives, and planning strategies identified in any adopted
East Nottingham Township Comprehensive Plan. This includes planning
for land use and population density, reflecting the most beneficial
and desirable relationship between natural resource protection and
developed lands, and between land uses.
B. Provide measures that afford the maximum opportunity for the continued
viability of the agricultural economy in the Township and the retention
of agriculturally suited soils for that purpose.
C. Protect and conserve the rural character of the Township through
orderly and planned development, which enhances the social and economic
stability of the Township and maintains significant amounts of land
in open space.
D. Protect the natural and historic resources of the Township and insure
their presence and integrity in the future.
E. Regulate land use so as to bring about the most beneficial relationship
between land use and the existing road network, having particular
regard to traffic circulation, to the avoidance of congestion, and
the provision of safe and convenient access to all tracts and land
uses.
F. Protect and conserve the value of Township land and buildings appropriate
to the various zoning districts established herein.
G. Provide opportunities for a variety of commercial and industrial
uses in appropriate Township areas that limit the impact on other
land use types and neighboring communities.
H. Guide public policy and action in the efficient provision of public
facilities and services, including the provision of safe and proper
wastewater treatment and disposal, water supply, stormwater management,
and recreation opportunities.
[Ord. 2005-9, 12/29/2005, § 104]
The provisions, regulations, limitations, and restrictions of
this chapter shall apply to all land uses, structures, buildings,
and signs in the Township.
[Ord. 2005-9, 12/29/2005, § 105]
In interpreting and applying this chapter, its provisions shall
be held to be minimum requirements for the promotion of health, safety,
morals, and general welfare of the Township and the purposes of the
chapter. Any use permitted subject to the regulations prescribed by
the provisions of this chapter shall conform with all regulations
for the zoning district in which it is located and with all other
pertinent regulations of the chapter. This chapter is not intended
to interfere with, abrogate, annul, supersede, or cancel any easements,
covenants, restrictions, or reservations contained in deeds or other
agreements, but if this chapter imposes more stringent restrictions
upon the use of buildings, structures, and land than are contained
in such deeds or agreements, the provisions of the chapter shall control.
[Ord. 2005-9, 12/29/2005, § 106]
Where this chapter imposes greater restrictions on the use of
buildings or land, or upon height and bulk of buildings, or prescribes
larger open spaces than are required by the provisions of another
ordinance, enactment, rule, regulation, or permit, the provisions
of this chapter shall control. 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 control.