This chapter shall be known and may be cited as the "Official Zoning Ordinance of the Hopewell Township and West Middletown Borough."
This chapter shall be known and may be cited as the "Zoning Ordinance of Hopewell Township and West Middletown Borough" and the Zoning Map shall be known and cited as the "Zoning Map of Hopewell Township and West Middletown Borough."
This chapter is enacted and ordained under the grant of powers by the General Assembly of the Commonwealth of Pennsylvania, the Municipalities Planning Code, 53 P.S. § 10101 et seq.
These zoning regulations are enacted for the purpose of promoting and facilitating the public health, safety and the general welfare; coordinated and practical community development and proper density of population; emergency management preparedness and operations; the provision of adequate light and air, access to incident solar energy; police protection; vehicle parking and loading space; reliable sewage facilities, stormwater facilities; recreational facilities and public uses; the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural, industrial and firefighting use; the preservation of natural, scenic and historic values in the environment; the preservation of forests; wetlands; aquifers; and floodplains. Furthermore, this chapter has been developed to prevent the overcrowding of land, blight, danger and congestion in traveling and transportation; loss of health, life or property from fire, flood, panic and other dangers. This chapter further strives to accommodate the preservation of prime agricultural and sensitive environmental areas; to provide for the use of land for residential housing of all basic forms; to accommodate reasonable overall community growth; and to provide for opportunities for development of a variety of nonresidential uses. This chapter has been developed in accordance with Hopewell Township and West Middletown Borough et al. Multimunicipal Comprehensive Plan as adopted by the municipal elected officials.
In interpreting and applying this chapter, its provisions shall be held to be the minimum requirements for promotion of health, safety, morals and general welfare of the Township. This chapter is not intended to interfere with, abrogate, annul, supersede or cancel any easements, covenants, restrictions or reservations contained in deeds or other agreements. Any use permitted subject to the regulations prescribed by the provisions of this chapter shall conform with all regulations for the zoning district in which it is located and with all other pertinent regulations of this and other related ordinances, but that if this chapter imposes more stringent restrictions upon the use of buildings and land than are elsewhere established, the provisions of this chapter shall prevail. In interpreting the language of this chapter, to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language adopted by the municipal elected officials, in favor of the property owner and against any implied extension of the restriction.
A. 
No building, structure, or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, altered or expanded horizontally or vertically except in conformity with all regulations contained herein, unless relief is granted by the Municipal Zoning Hearing Board by granting a special exception or variance.
B. 
This chapter shall not apply to an existing or proposed building, or extension thereof, used or to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the municipality have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.
The provisions of this chapter are severable, and, if any section, sentence, clause, part, or provision hereof shall be held to be illegal, invalid, or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this chapter. It is hereby declared to be the intent of the Board of Supervisors that this chapter would have been enacted if such illegal, invalid, or unconstitutional section, sentence, clause, part, or provision had not been included herein.