The chapter shall be known and may be cited as the "Borough
of Malvern Zoning Ordinance of 2003."
This chapter is enacted in order to carry into effect the purposes,
plans and guidelines as set forth in the 1999 Comprehensive Plan for
Malvern Borough, and other applicable codes and ordinances, as amended,
that have been structured to implement the purposes set forth in § 220-101
and in accordance with the following community development objectives
from the 1999 Comprehensive Plan for Malvern Borough:
A. Protect, retain, enhance the small-town community character that
contributes to Malvern's distinct identity and sense of place, and
maintain the Borough's neighborhood and cultural diversity, town center,
and features which reinforce the small town environment.
B. Ensure compatibility among land uses in the Borough, and that future
development complements the existing community character and land
uses in the Borough in terms of scale, bulk, location, and density.
C. Provide for a balance and range of land uses including residential,
commercial, industrial, and institutional to maintain a broad based
demographic profile and meet the diverse needs of current and future
residents.
D. Provide for adequate, safe, and diverse housing to accommodate present
and future residents through appropriate control measures, building
codes, zoning provisions, and necessary services.
E. Preserve and protect sensitive natural resources in the Borough which
contribute to the community.
F. Protect and enhance the historic and scenic resources that contribute
to the Borough's distinct identity, and recognize the importance of
these resources.
G. Provide for the continued development of commercial and industrial
opportunities in a manner which complements the small-town environment.
H. Provide adequate, efficient and dependable community facilities and
services which meet the needs of present and future residents, are
within the fiscal limitations of the Borough, and support the Borough's
small-town character.
I. Continue to improve and expand parks and recreation opportunities
for Borough residents, and maintain and enhance open space areas in
the Borough.
J. Promote a safe and efficient roadway, transit and pedestrian circulation
system in coordination with land use planning, and with an emphasis
on serving pedestrians and locally oriented vehicular trips and improving
local access.
In interpreting and applying the provisions of this chapter,
the provisions shall be held to the minimum requirements for promoting
the purposes in § 220-101 and community development objectives
in § 220-102.
Where this chapter imposes greater restriction upon 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, then the provisions
of this chapter shall control. Where the provisions of any statute,
other ordinance, or regulation imposes greater restrictions than this
chapter, the provisions of such statute, ordinance, or regulation
shall be controlling.
The provisions of this chapter shall be severable, and should
any section or provision of this chapter be declared by a court of
competent jurisdiction to be invalid, such decision shall not affect
the validity of this chapter as a whole or by any part thereof.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed. Ordinances repealed by virtue of this adoption
include the following:
Ord. No.
|
Date
|
---|
76-2
|
May 4, 1976
|
81-1
|
January 13, 1981
|
84-3
|
May 8, 1984
|
85-1
|
May 14, 1985
|
88-3
|
April 12, 1988
|
The effective date of this chapter is May 21, 2003, except that
with respect to the subject matter of any amendments it may affect
the nonconforming uses, or otherwise, the effective date of this chapter
shall mean the date upon which the particular amendment became or
becomes effective. The official copy of the 2003 Malvern Borough Zoning
Ordinance and Zoning Map shall be located in Borough Hall.