[Ord. 3/29/1990A, § 101]
This chapter shall be known as and may be cited as the "New Hanover Township Zoning Ordinance of 1968," as amended.
[Ord. 3/29/1990A, § 102]
1.
The purposes of this chapter are:
A.
To implement the New Hanover Township Comprehensive Plan and the community development goals stated therein.
B.
To promote, protect and facilitate the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, disaster evacuation, airports and national defense facilities, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewage, schools, public grounds and other public requirements, to conserve the value of buildings, and to encourage the most appropriate use of land throughout the Township.
C.
To guide the future development of the Township in accordance with Comprehensive Planning of land use and population density that represents the most beneficial and convenient relationship among the residential, commercial, industrial and recreational areas within the Township, having regard to their suitability for the various uses, as indicated by topography and soil conditions, existing man-made conditions, and trends in population, in the direction and manner of the use of land, in building development, and in economic activity, considering such conditions and trends both within the Township and with respect to the relation of the surrounding areas.
D.
To protect the character and the social economic stability of each of such areas and to encourage their orderly and beneficial growth.
E.
To protect and conserve the value of land and buildings throughout the Township, depending upon necessity or circumstance appropriate to the various zoning districts established herein.
F.
To bring about through proper timing the gradual conformity of land use to the provisions of this chapter, and to minimize conflicts among the uses of land and buildings.
G.
To aid in bringing about the most beneficial relation between land use and the circulation of traffic through the Township, and to avoid congestion in the streets and to provide for safe and convenient access appropriate to the various land uses.
H.
To aid in providing a guide for public policy and action in the efficient provision of public facilities and services, in the provision of safe and proper sanitary sewage disposal, and for private enterprise in building development, investment and other economic activity relating to land use.
I.
To prevent overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers in accordance with an overall program and with consideration for the character of the Township, its various parts and the suitability of the various parts for particular uses and structures.
J.
To provide standards to control the amount of open space and impervious surfaces within a development; to control the intensity of development in areas of sensitive natural resources or natural features in order to reduce or eliminate adverse environmental impacts.
K.
To provide methods to implement Article 1, § 27, of the Constitution of the Commonwealth of Pennsylvania, which decrees that the people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and aesthetic values of the environment and to protect natural resources which are a part of the ecological system to which we are all bound, and therefor, are the common property of all people, including generations yet to come, and must be protected to insure the health, safety and welfare of all the people.
L.
To provide standards for all appropriate types of dwelling units so that all the people may have access to decent, sound and sanitary housing to meet the goals of the Federal Housing Act of 1949.
M.
To regulate the growth of the Township, concentrating development in areas where adequate sewage facilities, roads and schools can be provided, and limiting development in areas where these facilities are not provided.
N.
To protect the tax base.
O.
To secure economy in local government expenditures.
[Ord. 3/29/1990A, § 103; as amended by Ord. 93-2, 2/8/1993, § 2]
1.
In interpreting the provisions of this chapter, they 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 authority of this chapter require a greater width of side of yards, courts or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute, the provisions of the regulations made under 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 greater percentage of lot to be left unoccupied, or impose other higher standards than are required by any regulations made under authority of this chapter, the provisions of such statute shall govern.
C.
Whenever any regulations pertaining to a specific use or activity under 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 smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than 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 impliedly repealed by this chapter, or any private restriction placed upon property by covenant, deed or other private agreement unless repugnant hereto.
[Ord. 3/29/1990A, § 105; Ord. 99-2, 6/28/1999, § 02; as amended by Ord. 04-02, 4/26/2004; by Ord. 06-01, 2/13/2006, § 10; and by Ord. No. 21-12, 12/2/2021[1]]
1.
The Township of New Hanover is hereby divided into districts of different types, each type being of such number, shape, kind and area, and of such common unity of purpose and adaptability of use, that are deemed most suitable to carry out the objectives of this chapter and the Comprehensive Plan. For the purpose of this chapter, New Hanover Township is hereby divided into the following districts:
A.
R-2 Residential District.
B.
R-2M Residential District.
C.
R-25 Residential District.
D.
R-15 Residential District.
E.
(Reserved)
F.
TN Traditional Neighborhood District.
G.
(Reserved)
H.
CB-2 Commercial Business District.
I.
LI Light Industrial District.
J.
HI Heavy Industrial District.
K.
R-5 Residential District.
L.
RV Rural Village District.
M.
CC Convenience Commercial District.
N.
Village Mixed-Use District
[1]
Editor's Note: This amendment was made pursuant to Section 3, Repealer, of Ord. No. 21-12, which provides for the repeal of inconsistent provisions.
[Ord. 3/29/1990A, § 106]
Districts are bounded and defined as shown in the map entitled "Zoning Map of New Hanover Township" which accompanies and which, with all explanatory matters thereon, is hereby made a part of this chapter.
[Ord. 3/29/1990A, § 107; as amended by Ord. 93-2, 2/8/1993, §§ 3, 4]
1.
The boundaries between districts are, unless otherwise indicated, either the center lines of streets, lanes or watercourses or right-of-way of a powerline parallel thereto. Where the boundaries of a single district are indicated as including directly opposite sides of a street, lane, lake or watercourse or right-of-way of a power line, or other public utility for any portion of it length, the district so indicated shall be construed to apply to the entire bed of such street, lane, lake, or watercourse, or right-of-way of such power line, railroad or other public utility lying within such portion of its length. Where uncertainty exists as to the location of any said boundaries as shown on the Zoning Map, the following rules shall apply:
A.
Where a district boundary is indicated as approximately following the center line of a street, lane, lake or watercourse or right-of-way of a power line, other public utility, such center line shall be construed to be such boundary.
B.
Where a district boundary is indicated as approximately following a lot line or other property line, such lot line or other property line shall be construed to be such boundary.
C.
Where a district boundary divides a lot or runs through undivided property, the location of such boundary, unless otherwise specified by figures on the Zoning Map, shall be determined by the use of the scale appearing on said map.
D.
Where figures are shown on the Zoning Map between a street and district boundary, they shall indicate that the district boundary runs parallel to the street line at a distance therefrom equivalent to the number of feet so indicated, unless specified. Where scale distances do not agree with such figures, the figures shall control.
E.
In case any further uncertainty exists, the Zoning Hearing Board shall interpret the intent of the map as to location of district boundaries.
[Ord. 3/29/1990A, § 108]
Wherever federal- or commonwealth-owned property is included in one or more zoning districts, it shall be subject to the provisions of this chapter only insofar as permitted by the Constitution and laws of the United States of America and of the Commonwealth of Pennsylvania.
[Ord. 3/29/1990A, § 109]
Hereinafter, no use listed in Parts 4 through 16 may be established or changed; no structure shall be erected, constructed, reconstructed, altered, razed or removed, until a zoning permit has been secured from the Zoning Officer. No building permit may be used, occupied, changed in use, or changed in nonresidential use occupancy, until a certificate of occupancy has been secured from the Zoning Officer. Refer to Part 25, Administration and Conditional Uses, for zoning procedures and application requirements.
[Ord. 3/29/1990A; as added by Ord. 99-9, 12/13/1999, § V]
No use established or changed, no structure erected, constructed, reconstructed, altered, razed or removed and no building used or occupied or changed in use by or for the Township of New Hanover shall be subject to the limitations of this chapter.