A.
For the purpose of this chapter, Caln Township is
hereby divided into 11 base zoning districts, which shall be designated
as follows:
[Added 8-9-2012 by Ord. No. 2012-03; amended 2-22-2018 by Ord. No. 2018-04]
(1)
R-1: Low Density Residential District.
(2)
R-2: Low to Medium Density Residential District.
(3)
R-3: Medium Density Residential District.
(4)
R-4: Medium to High Density Residential District.
(5)
R-5: Preexisting Planned Residential Community District.
(6)
TV-1: Thorndale Village District.
(7)
C-1: Highway Commercial District.
(8)
C-2: Regional Commercial District.
(9)
I-1: Industrial District.
(10)
I-2: Light Industrial District.
(11)
I: Institutional District.
B.
For the purpose of this chapter, the following conservation overlay districts shall be established in accordance with the provisions of Article V of this chapter of the Caln Township Code:
[Amended 7-13-2017 by Ord. No. 2017-02]
C.
The following special overlay districts shall be established:
[Amended 2-17-2011 by Ord. No. 2011-02; 10-10-2013 by Ord. No.
2013-07]
A.
The boundaries of the zoning districts shall be as
shown on the Zoning Map of Caln Township, as attached hereto and incorporated
in Appendix A, Township Maps. The Zoning Map and all notations, references
and data illustrated thereon are hereby incorporated by reference
into this chapter.[1] The official copy of the Zoning Map is labeled as the
Caln Township Zoning Map and shall identify the signatures of the
Board of Commissioners, attested by the Secretary of said Board, and
shall bear the seal of Caln Township under the following words:
[Amended 4-24-2008 by Ord. No. 2008-6]
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"This is to certify that this is the Official
Zoning Map of Caln Township, as adopted by the Caln Township Board
of Commissioners on April 24, 2008, as part of the Township Zoning
Ordinance of 2005."
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[1]
Editor’s Note: With the inclusion of Ord. No. 2013-07, adopted 10-10-2013, a copy of the Zoning Map, as updated 9-18-2014, was included as an attachment to this chapter.
B.
If changes are made to district boundaries or other
matters portrayed on the Official Zoning Map, such changes shall be
made in accordance with the provisions of this chapter and the Pennsylvania
Municipalities Planning Code, as amended, and the changes shall be
entered on the Official Zoning Map promptly after the amendment has
been approved by the Board of Commissioners. No changes of any nature
shall be made to the Official Zoning Map, or matter thereon shown,
except in conformity with the applicable procedures established in
this chapter. All changes shall be noted by date with a brief description
of the nature of the change.
C.
The Official Zoning Map shall be located in a place
designated by the Board of Commissioners and shall be the final authority
as to the current zoning status of land and water area in Caln Township
regardless of unofficial copies which may have been made or published
from time to time.
D.
In the event that the Official Zoning Map becomes
damaged, destroyed, lost or difficult to interpret because of the
nature or number of changes and additions, the Board of Commissioners
may, by resolution, adopt a new Official Zoning Map. The new Official
Zoning Map may correct drafting or other errors or omissions in the
prior Official Zoning Map, but no such correction shall have the affect
of amending the original Official Zoning Map or any subsequent amendment
thereof. The new Official Zoning Map shall be identified by the signature
of the Board of Commissioners, attested by the Secretary, and bear
the seal of Caln Township under the following words:
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"This is to certify that this Official Zoning
Map of the Township of Caln supersedes and replaces the Official Zoning
Map adopted as part of Ordinance No._______ of Caln Township, Chester
County, Pennsylvania."
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E.
Unless the prior Official Zoning Map has been lost
or has been destroyed, the prior map or any significant parts thereof
remaining shall be preserved together with all applicable records
pertaining to its adoption or amendment.
Where uncertainty exists as to the boundaries
of the base districts as indicated on the Official Zoning Map, the
following rules and guidelines, as provided within this section, shall
be applicable.
A.
Where district boundaries are indicated as approximately
coinciding with the center lines of streets, highways, lanes, alleys,
railroad tracks, rivers or creeks, such center line shall be construed
to be such boundaries.
B.
Where district boundaries are indicated as approximately
coinciding with lot lines or deed lines, which were in effect at the
date of this chapter, such lines shall be construed to be such boundaries.
C.
Where district boundaries are indicated as approximately
coinciding or municipal boundary lines, such lines shall be construed
to be such boundaries.
D.
Where district boundaries are indicated as being approximately
parallel to the center or right-of-way lines of streets or highways,
lanes, alleys, railroad tracks, rivers or creeks, such district boundaries
shall be construed as being parallel to the center or right-of-way
lines at such distance as is indicated on the Official Zoning Map.
E.
Where district boundaries are indicated as being approximately
perpendicular to the right-of-way lines of streets or highways, such
district boundaries shall be construed as being perpendicular to the
right-of-way lines.
F.
Where district boundaries are referenced by a distance
or measurement from a specific feature, such distance shall be measured
in feet and the district boundaries shall follow the specified setback.
Where distances or measurements are not specifically referenced on
the Official Zoning Map, the scale of the Official Zoning Map shall
determine the unspecified setback.
G.
Where a district boundary line divides a lot which
was in single ownership at the effective date of this chapter, at
the election of the property owner the regulations of either zoning
district may be extended a distance of not more than 50 feet beyond
the district boundary line onto the remaining portion of the lot.
H.
Where physical or cultural features existing on the
ground are inconsistent with those indicated on the Official Zoning
Map, or when circumstances not covered within the context of this
section apply, the Zoning Hearing Board shall interpret the district
boundaries.
The following standards indicated within this
section shall be utilized for the generalized application of the base
district regulations in association with this chapter:
A.
Unless otherwise provided by law or the provisions
of this chapter, no building, structure or land area shall be used
or occupied except for a permitted use in the zoning district within
which the building, structure or land area is located.
B.
Any legally established use of a building, structure,
lot, land area, or part thereof, which constitutes a conforming use
under the provisions of this chapter may be continued.
C.
Any legal use which occupies a building, structure,
lot or land area prior to the effective date of this chapter or amendment
thereto, but does not comply with the use regulations of the district
in which it is situated after the effective date of this chapter or
any amendment thereto, may be continued as a nonconforming use in
accordance with the provisions of this chapter.
D.
The regulations established within this chapter shall
apply uniformly to building, structures or uses unless otherwise provided
in the Code.
E.
Permitted uses shall adhere to the dimensional requirements
for lot area, lot width, yard, height and coverage as specified for
the zoning district to which the use is located unless otherwise specified
by this chapter.
F.
No building, structure or area of land shall be occupied
without the issuance of a certificate of use and occupancy by the
Zoning Officer.
G.
No part of a yard, common open space, other open space,
off-street parking area or loading space required in connection with
any structure, building or use of the land shall be included as part
of a yard, common open space, open space, off-street parking area
or loading space similarly required for any other structure, building
or use of the land except as permitted or required by this chapter.
H.
No yard or lot existing at the time of passage of
this chapter which meets the requirements of this chapter shall be
reduced in dimension or area below the minimum requirements set forth
in this chapter. A yard or lot existing at the time of passage of
this chapter shall not be further reduced below the minimum requirements
of this chapter.
I.
Where district regulations specify a minimum lot width
at the street line, the minimum lot width shall be provided contiguous
along the street line of one street. It is prohibited, when calculating
the width of a lot, to add widths along the street lines of two or
more streets. In the case of a corner lot, the minimum lot width must
be provided along each street on which the lot fronts.
J.
In the case of a lot of irregular shape, the Zoning
Officer shall designate or assign the front, side and rear yards as
considered appropriate for the configuration and conditions.
K.
All territory or land area which may be annexed to
Caln Township shall be considered to be zoned in the same manner as
the contiguous territory inside the previous municipal limits until
otherwise classified.
