This chapter shall be known as and may be cited as the "Borough of West Reading Zoning Ordinance," as amended.
The purpose of this chapter is the implementation of the Borough Comprehensive Plan and the promotion of the health, safety, morals, convenience, order and welfare of present and future inhabitants of the Borough by:
A.
Providing standards to encourage the amount of open space and impervious surfaces within a development and to encourage the intensity of development in order to reduce or eliminate adverse environmental impacts.
B.
Providing 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, to pure water, to the preservation of the natural, scenic, historic and aesthetic values of the environment, and to protect the natural resources which are part of the ecological system to which we are all bound and, which is, therefore, 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.
C.
Providing standards for all types of dwelling units so that all the people may have access to decent, sound and sanitary housing.
D.
Regulating the growth of the Borough in terms of the community's facilities and utilities.
E.
Lessening the danger and congestion of traffic on the roads and highways and reducing the excessive number of roads.
F.
Securing safety from fire, panic, flood, and other dangers.
G.
Providing adequate air and light.
H.
Protecting the tax base.
I.
Securing economy in local government expenditures.
In interpreting and applying the provisions of this chapter, these provisions shall be held to be the minimum requirements for the promotion of the public health safety, comfort, convenience, and general welfare.
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 a smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose higher standards other than those which are required in or under any other statute, 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 a lower height of buildings or a smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose higher standards other than those which are required by any regulations made under the authority of this chapter, the provisions of such statute shall govern.
C.
Whenever any regulations pertaining to a specific use or activity under the authority of this chapter require a greater width or size of yards, court or other open spaces, or require a lower height of buildings or a small number of stories, or require a greater percentage of lot to be left unoccupied, or impose higher standards other than those which are required for the zoning district or generally required under this chapter, the greater or higher standards 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 implicitly repealed by this chapter, or any private restriction placed upon property by covenant, deed, or other private agreement, unless repugnant hereto.
E.
Those provisions in Chapter 400, Subdivision and Land Development, of the Code of the Borough of West Reading, concerned with varying design standards shall not be considered to be in conflict with the provisions of this chapter and should be read, where possible, in pari materia, with the provisions of this chapter.
This chapter shall not apply to the Borough where the Borough requires a special exception or variance to permit the Borough to construct, modify, change or place a structure, sign, or building or to otherwise make use of its properties. In any such cases, no special exceptions or variances shall be required by the Borough.
It is hereby declared to be the intent of the Borough 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 any other structure or tract of land to be invalid or ineffective, in whole or in part, the effect of such a decision shall be limited to the person, property or situation immediately involved in the controversy; the application of any such provision to other persons, property or situations shall not be affected.