This chapter shall be known and be cited as the "Borough of
Ephrata Zoning Ordinance of 2019."
This chapter is hereby adopted:
A. In accordance with the requirements and purposes [including Sections
604 and 605 or their successor section(s)], which are included by
reference) of the MPC.
B. To carry out the following major community development objectives:
(1) To serve the goals and objectives of the Borough of Ephrata Comprehensive
Plan, which are hereby included by reference, and the goals of the
Lancaster County Comprehensive Plan;
(2) To conserve environmentally sensitive lands;
(3) To promote traditional styles of development and strong neighborhoods;
(4) To provide compatibility between various types of and uses, and encourage
compatible mixes of uses;
(5) To provide for a variety of residential densities and housing types;
(6) To direct industrial development and intensive commercial development
to locations that will minimize conflicts with homes;
(7) To promote new business development in appropriate areas that will
provide additional tax revenue and job opportunities; and
(8) To promote pedestrian-friendly and bicycle-friendly patterns of development.
Except as otherwise required by law, this chapter is intended as a continuation of, and not a repeal of, existing regulations governing the subject matter. To the extent that this chapter restates regulations contained in ordinances previously enacted by the Borough, this chapter shall be considered a restatement and not a repeal of such regulations. It is the specific intent of the Council of the Borough of Ephrata that all provisions of this chapter shall be considered in full force and effect as of the date such regulations were initially enacted. All ordinances or parts of ordinances and all resolutions and parts of resolutions which are inconsistent herewith by virtue of references to or incorporation of requirements contained in Ordinance No. 1183 codified as Chapter
319, Zoning, of the Code of the Borough of Ephrata and amendments thereto shall as nearly as possible be construed to reference this chapter. All ordinances or parts of ordinances in conflict with this chapter or amendment thereto or inconsistent with the provisions of this chapter or amendment are hereby repealed to the extent necessary to give this chapter full force and effect; provided, however, that the provisions of Ordinance No. 1183 and all amendments thereto shall be applied to all subdivision and land development applications and plans to which such provisions are applicable under the requirements of Section 508(4) of the Pennsylvania Municipalities Planning Code, and provided further that nothing in this chapter shall
be construed to affect any act done, contract executed or liability
incurred prior to its effective date, or affect any suit or prosecution
pending or to be instituted to enforce any rights, rule, regulation
or ordinance, or part thereof, or to punish any violation which occurred
under any prior zoning regulation or ordinance. In the event any violation
has occurred under any prior zoning regulation or ordinance, prosecution
may be initiated against the alleged offender pursuant to the provisions
of said prior zoning regulation or ordinance and the provisions and
penalties provided in said prior zoning regulation or ordinance shall
remain effective as to said violation.
Under the authority conferred by the Pennsylvania Municipalities
Planning Code, as amended, the Borough Council of the Council of the Borough of Ephrata hereby enacts and ordains into an ordinance this Article
I, and Articles
II through
XV, Zoning Map, ROD Overlay District Map and Index attached hereto and incorporated herein as though fully set forth this 12th day of August, 2019. This chapter shall become effective on the earliest date permitted by 8 Pa.C.S.A., Part 1, § 101 et seq. (the Borough Code), following its enactment by the Council of the Borough of Ephrata, County of Lancaster, Commonwealth of Pennsylvania.