This chapter is an ordinance regulating the
location, 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 or bodies
of water for trade, industry, residence, recreation, public activities
or other purposes; and the uses of land for agriculture, water supply,
conservation or other purposes in all portions of the Borough of Lansdale.
This chapter shall be known and may be cited
as the "Zoning Ordinance of the Borough of Lansdale."
The purpose of this chapter is the promotion
of the health, safety, morals, convenience, order and welfare of the
present and future inhabitants of the Borough of Lansdale by:
A. Lessening the danger and congestion of traffic on
the roads and highways.
B. Securing safety from fire, panic, flood and other
dangers.
C. Providing adequate light and air.
D. Controlling and regulating the growth of the Borough,
preventing the overcrowding of the land and avoiding undue concentration
of population.
E. Providing standards for all types of dwelling units
so that all the people may have access to decent, sound and sanitary
housing so that the Borough may meet the goals of the Federal Housing
Act of 1949.
F. Promoting such distribution of population and such
classification of land uses and distribution of land development and
utilization as will tend to facilitate and conserve adequate provisions
for transportation, water flowage, water supply, drainage, sanitation,
schools, parks and other public facilities, educational opportunities,
recreation, soil fertility and food supply.
H. Securing economy in governmental expenditures.
J. Being a flexible document capable of responding to
trends and needs of the people of the Borough, while at the same time
providing the finest quality of environment.
K. Separating significantly different use intensities
and avoiding piecemeal zoning changes that result in changing existing
neighborhoods in an unplanned and uncoordinated fashion.
L. Being a viable document to respond to urban renewal
pressures that exist and will exist in the Borough in the future.
M. Conserving the value of existing buildings and encouraging
the most appropriate use of the land.
N. Permitting the historic rehabilitation of historic
buildings and structures in the Industrial District, which may include
industrial uses in adjacent residential districts to residential use
in those areas identified by Borough Council.
[Added 4-5-2006 by Ord. No. 1741]
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 of the Borough of Lansdale.
A. Whenever any regulations made under the 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 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 other statutes, the provisions of the regulations made under
the authority of this chapter shall govern.
B. Whenever the provisions of any other statute require
a greater width or size of yards, courts or other open spaces or require
greater percentage of lot to be left unoccupied or impose other higher
standards than are required by any regulations made under authority
of this chapter, the provisions of such statute shall govern.
C. It is not intended by this chapter to interfere with,
abrogate or annul existing provisions of other laws or ordinances,
except those specifically or implied repealed by this chapter, or
any private restrictions placed upon property by covenant, deed or
other private agreement, unless repugnant hereto.
D. It is not intended by this chapter to interfere with, abrogate or annul Chapter
146, Building Construction, Article
I, or rules, regulations or permits previously adopted or issued thereunder or the rules and regulations of the Borough Board of Health or any other rules, regulations or permits previously adopted or issued thereunder and not in conflict with any of the provisions of this chapter; provided, however, that the provisions set forth in Subsections
A through
C of this section are met.
It is hereby declared to be the intent of the
Borough Council 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 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, 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 provisions
to other persons, property or situation shall not be affected.