This chapter shall be known and may be cited
as the "Borough of Downingtown Zoning Ordinance of 1989." It is effective
as of October 11, 1989.
This chapter is enacted for the purpose of promoting
the health, safety, general welfare and coordinated and practical
community development of the Borough of Downingtown; is in accordance
with the Borough Comprehensive Plan; and is designed to lessen congestion
on the roads and highways, to secure safety from fire, panic and other
dangers, to provide adequate light and air, to prevent the overcrowding
of land, to avoid undue congestion of population, to facilitate the
adequate provision of transportation, vehicle parking, water, sewage
facilities, schools, parks and other public requirements, to conserve
the value of buildings and to encourage the most appropriate use of
land throughout the Borough.
A.
The Borough of Downingtown Comprehensive Plan, adopted August 27, 1975, in accordance with which this chapter is enacted and which is reflected in the provisions of this chapter, established community development objectives for the future of the Borough. In addition to the general purposes set forth in § 287-2 above, this chapter is consistent with and is enacted in order to further the implementation of the following community development objectives as contained in the Comprehensive Plan:
(1)
To provide for orderly growth of an economically balanced
and socially vital community.
(2)
To encourage sufficient commercial enterprise to satisfy
community needs and afford a broad range of enough employment opportunities
to assure fiscal health.
(3)
To encourage, through the design of new residential
construction and the rehabilitation of existing residential construction,
a wide range of housing types, priced suitably for those working and
living in the area.
(4)
To bring about and maintain standards of construction
which protect the health, safety and welfare of Borough citizens,
singly and collectively.
(5)
To preserve, protect and enhance the existing character
of the Borough and provide the amenities, both public and private,
that are necessary to achieve this goal.
(6)
In recognition of the Borough's location in its regional
area, to plan to meet its responsibilities by establishing and maintaining
a program designed to meet the expected needs.
(7)
To encourage open space and recreational areas in
areas such as streamsides, wet areas, steep slopes and floodplains
less suitable for building in order to maintain for public welfare
the natural watershed and drainage system in the Borough.
(8)
To provide for the retention and addition of industry
in the Borough, maintaining high standards of design and construction.
(9)
To develop and maintain a recreational program by
acquiring additional and improving existing parkland and facilities.
(10)
To develop, maintain and upgrade commercial districts
through emphasis on proper access, adequate parking and loading facilities;
to promote greater efficiency and improved appearances in commercial
uses through careful application of the design standards.
(11)
To aid in bringing about the most beneficial relationship between
land use and circulation throughout the Borough, with particular regard
to vehicular traffic and pedestrian and bicycle circulation and the
avoidance of congestion in the streets, and provision of safe and
convenient access appropriate to the various uses.
[Amended 9-6-2017 by Ord.
No. 2017-04]
(12)
To bring about gradual conformity of land use to the
Comprehensive Plan and minimize, to an extent consistent with this
objective, conflicts involving present and future use of land.
B.
The provisions of this chapter shall be interpreted,
administered and applied in such manner as will facilitate attainment
of said objectives.
In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety and general welfare of the
Borough. The use and development of all land and the construction
of every building or portion thereof will be subject to the regulations
contained herein.
It is not intended by this chapter to repeal,
abrogate, annul or interfere with any existing ordinance 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, provided that, where this chapter
imposes greater restrictions upon the use of buildings or land or
upon the height and bulk of buildings or prescribes larger open spaces
than are required by the provision of such ordinance, enactment, rule,
regulation or permit, then the provisions of this chapter shall control.
[Added 12-21-2011 by Ord. No. 2011-13]
Notwithstanding any other provision of Chapter 287, Zoning, all Borough-owned or -controlled properties shall be exempt from use, dimensional, area and bulk, and other zoning regulations in Chapter 287, Zoning, for the use of, and placement of structures or improvements upon, any such Borough-owned or -controlled properties, where the use, structure or improvement is for a municipal, public safety or civic purpose.
