[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.
