[Ord. No. 247-2018, 9/17/2018]
This Chapter shall be known, and may be cited as the "Honey
Brook Borough Zoning Ordinance."
[Ord. No. 247-2018, 9/17/2018]
This Chapter is prepared in accordance with the Planning Goals
as set forth in the Honey Brook Township and Borough Multi-Municipal
Comprehensive Plan of 2015, the land use policies of the Chester County
Landscapes2 Policy Plan, and with consideration for the character
of the Borough, its various parts, and the suitability of the various
parts for particular uses and structures, and with the view to conserving
the value thereof and encouraging the most appropriate use of land
throughout the Borough. This Chapter is enacted under and pursuant
to the Pennsylvania Municipalities Planning Code, Act 247 of 1968,
as amended, 53 P.S. § 10101 et seq.
The purpose of this Chapter is to provide zoning regulations:
A.
To promote, protect, and facilitate:
1.
Public health, safety, and general welfare.
2.
Coordinated and practical community development.
3.
Proper density of population.
4.
Provisions of adequate light and air.
5.
Vehicle parking and loading space.
6.
Safe and efficient travel by vehicles, bicycles, and pedestrians.
7.
Water, sewerage, schools, public grounds, and other public requirements.
8.
Natural resource protection and restoration.
[Ord. No. 247-2018, 9/17/2018]
This Chapter is enacted to implement the spirit and intent of the Honey Brook Township and Borough Multi-Municipal Comprehensive Plan of 2015 and other applicable codes, ordinances, or studies, as amended, which have been formulated to implement the purpose set forth in § 27-102, according to the following community development objectives:
A.
Protect the Borough's small town appeal, neighborhood character,
and walkable scale as important assets.
B.
Protect the advances in community and economic revitalization.
C.
Provide adequate off-street parking areas.
D.
Preserve, protect, and manage natural resources and environment of
the Borough, including wellhead protection.
E.
Manage development in a manner that protects environmental resources
and maintains open and recreational areas as an integral part of the
Honey Brook community.
F.
Encourage reuse of existing buildings and protection of valuable
historic resources from degradation or destruction in order to preserve
the cultural roots of the Borough and promote it as a historic destination.
G.
Provide opportunities for a broad choice of housing types to meet
the needs of current and future residents of the Honey Brook community,
including individuals, families, newly-formed households, growing
families, and senior citizens, and include provisions regulating residential
conversions of the existing housing stock.
H.
Encourage a safe and efficient vehicle and pedestrian circulation
system that links activity centers to other parts of the Borough and
Township.
I.
Seek to minimize negative impacts of regional through-traffic, in
particular, truck traffic on the heart of the Borough.
J.
Utilize flexible and innovative land use regulatory and incentive
techniques where they can help achieve the purposes of the Honey Brook
Township and Borough Multi-Municipal Comprehensive Plan.
K.
Promote energy conservation, renewable energy generation, and sustainable
development within the Borough through sound planning practices and
design and the use of green technologies in construction.
L.
Strive for compatibility and continued cooperation between the Borough
and Honey Brook Township in planning for the future of the community.
[Ord. No. 247-2018, 9/17/2018]
In interpreting and applying the provisions of this Chapter,
they shall be held to be the minimum requirements for the promotion
of the purposes of this Chapter. From and after the effective date
of this Chapter, the use, construction and development of all land,
structures, buildings, signs or portions thereof, will be subject
to the regulations herein. Any existing buildings, land, or uses not
in conformity with the regulations herein shall be considered nonconforming,
but may be continued or changed subject to regulations herein regarding
nonconformities except for developments falling within the provisions
of § 508(4) of the Municipalities Planning Code, 53 P.S.
§ 10508(4). It is the intent that certain uses not enumerated
herein are provided for in Honey Brook Township's Zoning Ordinance
as part of the joint planning process.
[Ord. No. 247-2018, 9/17/2018]
Where this Chapter imposes greater restrictions 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, 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 control.
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, but if this Chapter imposes
more stringent restrictions upon the use of buildings, structures,
and land than are contained in such deeds or agreements, the provisions
of this Chapter shall control.
[Ord. No. 247-2018, 9/17/2018]
The effective date of this Chapter is the date of official adoption
by Borough Council. except that with respect to the subject matter
of any amendment as 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.
