[Ord. 1998-5, 7/20/1998, § 1.100]
1.
An Ordinance completely amending Zoning Ordinance 109 for Stroud
Township, adopted May 4, 1983, and as amended thereafter.
2.
This chapter divides the Township of Stroud into districts and regulates
the use of land and the location, use and density of buildings within
these districts; establishes a Zoning Hearing Board setting forth
the duties and functions of said Board; regulates nonconforming uses
and provides for the administration and enforcement of this chapter.
3.
Pursuant to the authority conferred by the Pennsylvania Municipalities
Planning Code, State Act No. 247 of July 31, 1968, 53 P.S. § 10101
et seq., as amended, the Board of Township Supervisors of Stroud Township,
Monroe County, Pennsylvania, hereby ordains and enacts as follows.
[Ord. 1998-5, 7/20/1998, § 1.110]
This chapter shall be known and cited as the "Stroud Township
Zoning Ordinance."
[Ord. 1998-5, 7/20/1998, § 1.120]
No building, structure or land shall be used or occupied nor
shall any building or part thereof be erected, moved, enlarged or
structurally altered nor shall any land be proposed for subdivision
or land development unless in conformity with the regulations of this
chapter.
[Ord. 1998-5, 7/20/1998, § 1.130]
1.
This chapter is developed in accordance with requirements of the
Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., and the objectives the Stroud Township Comprehensive Plan
1994-2020 with consideration for the character of the Township, its
various parts, and the suitability of the various parts for particular
uses and structures, and is enacted for the following purposes:
A.
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, and national defense
facilities, the provisions of adequate light and air, access to incident
solar energy, police and fire protection, vehicle parking and loading
space, transportation and airports, water, sewerage, schools, recreational
facilities, public grounds, the provision of a 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.
B.
To prevent one or more 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.
C.
To preserve prime agriculture and farmland considering topography,
soil type and classification, and present use and to preserve environmentally
sensitive areas.
D.
To provide for the use of land within the Township for residential
housing of various dwelling types encompassing all basic forms of
housing, including single-family and two-family dwellings, and a reasonable
range of multifamily dwellings in various arrangements, mobile homes
and mobile home parks, provided, however, that this chapter shall
not be deemed invalid for the failure to provide for any other specific
dwelling type.
E.
To accommodate reasonable overall community growth, including population
and employment growth, and opportunities for development of a variety
of residential and nonresidential uses.
[Ord. 1998-5, 7/20/1998, § 1.140]
Stroud Township Community Development Objectives are contained
in the Stroud Township Comprehensive Plan 1994-2020. Those objectives
are incorporated herein by reference.
[Ord. 1998-5, 7/20/1998, § 1.150]
1.
In the interpretation and the application of the provisions of this
chapter, they shall be held to be the minimum requirements for the
promotion of the health, safety, morals and general welfare. It is
not intended to interfere with or abrogate or annul other rules, regulations
or ordinances; provided, that where this chapter imposes a greater
restriction upon the use of buildings or premises, or upon the height
or bulk of a building, or requires larger open spaces, buffer yards
or setbacks, the provisions of this chapter shall prevail.
A.
Non-Cumulative Districts. The zoning district requirements in this
chapter are not meant to be cumulative; namely, that every use permitted
in a residential district is not automatically permitted in commercial
or industrial districts. This chapter provides separate requirements
for each district.
B.
Interpretation Standards. Any list of permitted or prohibited uses
shall not be deemed to be an exhaustive list but has been included
for the purposes of clarity and emphasis, and to illustrate, by example,
uses which are desirable (permitted, special or conditional uses)
or undesirable (prohibited uses). Whenever the Zoning Officer or Zoning
Hearing Board make an interpretation of this chapter, then, unless
other standards are in this chapter, the decisions shall be made so
that the results will not be contrary to the spirit and purpose of
this chapter or injurious to the surrounding neighborhood.
C.
Interpretation of Chapter Provisions. In interpreting the language
of this chapter to determine the extent of the restriction upon the
use of property, the language shall be interpreted, where doubt exists
as to the intended meaning of the language written and enacted by
the Board of Supervisors, in favor of the property owner and against
any implied extension of the restriction.
[Ord. 1998-5, 7/20/1998, § 1.160]
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the
remaining portions of this chapter. The Supervisors hereby declare
that they would have passed this chapter and each section or Part
thereof irrespective of the fact that any one or more sections or
Parts thereof be declared invalid.
[Ord. 1998-5, 7/20/1998, § 1.170]
The Township of Stroud Zoning Ordinance adopted May 4, 1983,
and all amendments thereto, are hereby repealed. All other existing
ordinances or parts of ordinances in conflict with this chapter, to
the extent of such conflict and no further, are hereby repealed. Excepting
that Stroud Township reserves its power to enforce and prosecute any
violations of all ordinances previously in effect.
[Ord. 1998-5, 7/20/1998, § 1.180]
This chapter shall take effect immediately subsequent to the
adoption hereof.
[Ord. 1998-5, 7/20/1998, § 1.190]
No building shall be erected, moved, altered, rebuilt or enlarged
nor shall any land or building be designed or arranged to be used
for any purpose or in any manner by means of subdivision or land development
or otherwise except in conformity with all regulations, requirements,
and controls specified in this chapter for the district in which such
building or land is located.
