The title of this ordinance is "An ordinance
repealing the Uwchlan Township Zoning Ordinance of 1994, as amended,
replacing said ordinance with an ordinance permitting, prohibiting,
regulating, restricting, and determining the uses of land, watercourses,
and other bodies of water; the size, height, bulk, location, erection,
construction, repair, maintenance, alteration, razing, removal, and
use of structures as well as courts, yards, and other open spaces
and distances to be left unoccupied by uses and structures; regulating
the density of population and intensity of use; regulating the location
and size of signs; creating zoning districts and establishing the
boundaries thereof; continuing the office of Zoning Officer; continuing
a Zoning Hearing Board; and providing for the administration, amendment,
and enforcement of the ordinance, including the imposition of penalties."
This ordinance shall be known and may be cited
as the "Uwchlan Township Zoning Ordinance of 1994."
This Zoning Ordinance has been prepared in accordance
with the Township Comprehensive Plan, as amended, and with consideration
for the character of the Municipality, its various parts, and the
suitability of the various parts for particular uses and structures,
and is enacted for the following purposes:
103.1
To promote, protect, and facilitate any or all of
the following: the public health, safety, morals and the general welfare;
coordinated and practical community development and proper density
of population; emergency management preparedness and operations, airports,
and national defense facilities, the provisions of adequate light
and air, access to incident solar energy, police protection, vehicle
parking and loading space, transportation, water, sewerage, schools,
recreational facilities, public grounds, the provision of safe, reliable
and adequate water supply for domestic, commercial, agricultural or
industrial use, and other public requirements; as well as preservation
of the natural scenic and historic values in the environment and preservation
of forests, wetlands, aquifers and floodplains.
103.2
To prevent any and all of the following: 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 interpreting and applying the provisions
of this ordinance, they shall be held to be the minimum requirements
for the promotion of health, safety, morals, and the general welfare
of the Township and its citizens. It is not intended by this ordinance
to interfere with or abrogate or annul any rules or regulations previously
adopted or permits previously issued by the Township which are not
in conflict with any provision of this ordinance, nor is it intended
by this ordinance to interfere with or abrogate or annul any easements,
covenants, building restrictions, or other agreements between parties;
provided, however, that where this ordinance imposes a greater restriction
upon the use of the buildings or premises or upon the height of the
building, or requires a larger open space than is imposes or required
by such ordinance, rules, regulations or permits, or by easements,
covenants, building restrictions or agreements, the provisions of
this ordinance shall control.
No uses shall be permitted in any district which
directly violate any Township ordinances.
All development shall be subject to the provisions
and requirements delineated in the Township Subdivision and Land Development
Ordinance, as amended.
If any article, section, subsection, provision,
regulation, limitation, restriction, sentence, clause, phrase or word
in this Zoning Ordinance is for any reason declared to be illegal,
unconstitutional or invalid by any court of competent jurisdiction,
such decision shall not affect or impair the validity of the Zoning
Ordinance as a whole, or any other article, section, subsection, provision,
regulation, limitation, restriction, sentence, clause, phrase, word
or remaining portion of the Zoning Ordinance. The Board of Supervisors
of the Township of Uwchlan, Chester County, Pennsylvania, hereby declares
that it would have adopted the Zoning Ordinance and each article,
section, subsection, provision, regulation, limitation, restriction,
sentence, clause, phrase, and word thereof irrespective of the fact
that any one or more of the sections, subsections, provisions, regulations,
limitations, restrictions, sentences, clauses, phrases, or words may
be declared illegal, unconstitutional or invalid.
Inconsistent ordinances. Any ordinance or part
of any ordinance, including the Uwchlan Township Zoning Ordinance
of 1977, inconsistent herewith, and any amendments thereof, are hereby
expressly repealed.
