CHAPTER 27 ZONING - Valley Township

1 CHAPTER 27 ZONING PART 1 BACKGROUND PROVISIONS 101. Short Title 102. Purpose 103. Scope 104. Interpretation 105. Conflict 106. Uses Not Provided For 107. Establishment of Zones 108. ZONING Map 109. Zone Boundary Lines 110. Community Development Objectives 111. Definitions PART 2 ZONE REQUIREMENTS 201. Conservation Zone (C) 202. R-1 Residential Zone (R-1) 203. R-2 Residential Zone (R-2) 204. Highway Commercial Zone (HC) 205. Regional Commercial Zone (RC) 206. Neighborhood Commercial Office Zone (NCO) 207. Industrial Zone (I) 208. Planned Development Zone (PD) 209. Airport Safety Zones 210. Multiple Family Residential Overlay District Option Zone (MFR) PART 3 GENERAL PROVISIONS 301. General Provisions 302. Accessory Uses and Structures 303. Unenclosed Storage 304. Setback Modifications 27-2 305. Height Limit Exceptions 306. Corner Lots 307. Erection of More than One (1) Principal Use on a Lot 308.

2 Access Management 309. Required Vehicular Access 310. Driveway Requirements 311. Access Drive Requirements 312. Off-Street Parking Requirements 313. Off-Street Loading Facilities 314. Screening and Landscaping Requirements 315. Outdoor Signs 316. Roadway Classifications 317. Agricultural, Horticultural and Forestry Standards 318. Natural Resource Protection Standards 319. Environmental Impact and Nuisance Standards 320. Lighting 321. Fences, Walls, and Hedges 322. Keeping of Animals PART 4 SPECIFIC CRITERIA 401. Specific Standards for Special Exceptions and Conditional Uses 402. Adult-Related Facilities 403. Amusement Arcades 404. Convenience Store with Filling Station 405. Automobile Service Facilities 406. Bed and Breakfast 407. NOT USED 408. Boarding House 409. Campground 410. Car Wash 411. Private Clubs 412. Cluster Development (C and R-1 Zones) 413. Cluster Development (R-2) 414.

3 Commercial Day Care Facilities 415. Indoor Recreation Facilities, Golf Courses and Active Recreation 416. Wireless Communications Facilities 417. Convenience Commercial Center 418. Fast Food Restaurant 419. Dry Cleaners, Laundries and Laundromats 420. Family and Home Child Day Care Facilities 421. Flea Markets 422. Funeral Homes 423. Health and Recreation Club 424. Heavy Equipment Sales, Service, Rental, and/or Repair Facilities 27-3 425. Heavy Industrial Uses 426. NOT USED 427. Home Occupation 428. Hospital 429. Hotels Including Related Dining Facilities 430. Junkyard 431. Medical Residential Campus 432. Miniwarehouses 433. Mobile Home Parks 434. Nightclubs 435. Non-Commercial Keeping of Livestock 436. Nursing, Rest or Retirement Home 437. NOT USED 438. Quarries and Other Extractive-Related Uses 439. Recycling Stations for Paper, Glass and Metal Products 440. Shopping Centers 441.

4 Solid Waste Disposal and Processing Facilities 442. Spent Mushroom Compost Processing and/or Commercial Mushroom Operations 443. Truck or Motor Freight Terminal 444. Two (2)-Family Conversions 445. Warehousing and Wholesale Trade Establishments 446. Mushroom Spawn Cultivation 447. Suburban Center Mixed-Use Development (RC Zone) 448. Limited Cluster Development (R-1) 449. Veterinary Clinic and Dog Day Care 450. Alternative Energy Production 451. Controlled-Environment Agriculture 452. Community Center 453. Conference Center 454. Drive-Through PART 5 NONCONFORMITIES 501. Continuation 502. Abandonment 503. Extension of a Nonconforming Use of Land 504. Expansion or Alteration 505. Substitution or Replacement 506. Restoration 507. Previously Expanded Nonconforming Uses and Structures 508. Nonconforming Lots of Record 27-4 PART 6 ZONING HEARING BOARD 601. Establishment and Membership 602.

5 Organization of Board 603. Expenditures for Services 604. Hearings 605. Board Functions 606. Parties Appellant before the Board 607. Time Limitations 608. Stay of Proceeding 609. Appeal PART 7 ADMINISTRATION 701. Administration and Enforcement 702. Building Permits, ZONING Permits, Certificates of Use and Occupancy, and Other Permits 703. Fees 704. Amendments 705. Conditional Uses 706. Municipal Exception (27, PART 1) 27-5 PART 1 BACKGROUND PROVISIONS 101. SHORT TITLE. This CHAPTER shall be known and may be cited as the " Valley Township ZONING ordinance of 2015." 102. PURPOSE. This CHAPTER is enacted under and pursuant to the Pennsylvania Municipalities Planning Code, Act 247 of 1968 (as amended and supplemented) and has been modified in accordance with the Valley Township Comprehensive Plan of 2003, the Township s policies regarding sewer and water facilities expressed in the Valley Township Sewerage Facilities (Act 537) Plan, the Valley Township Subdivision and Land Development ordinance , the Chester County Comprehensive Policy Plan Landscapes 2, and the specific recommendations for the Township , of the 2010 US30 Access Study entitled: Managing Access along US 30 in Western Chester County, prepared by the DVRPC to promote safe and efficient travel within the Township .

6 In addition, this CHAPTER is enacted in accordance with an overall program that seeks to preserve the character of the Township in terms of its suitability for particular uses and structures, and is designed and enacted to promote, protect and facilitate the following: A. The public health, safety, morals, and general welfare. B. Coordinated and practical community development recognizing the significance of sustainability and Green/Smart Growth measures to achieve economic, environmental, and social balance. C. Proper density of population and land uses. D. Emergency management preparedness and operations, airports, and national defense facilities. E. The provision of adequate light and air, police protection, vehicle parking, loading spaces, and transportation. F. The provision of adequate potable water and sanitary sewerage treatment. G. The provision of adequate public grounds, schools, and other public requirements. H.

7 The prevention of overcrowding of land and blight. ZONING 27-6 I. The prevention of danger and congestion in travel and transportation by limiting the number of conflict points, providing safe spacing standards between driveways, encouraging shared access between abutting properties and ensuring safe access by emergency vehicles. J. The prevention of loss of health, life, or property from fire, flood, panic, or the dangers. 103. SCOPE. From and after the effective date of this CHAPTER , the use of all land and any building or structure or portion of a building or structure erected, altered with respect to height and area, added to or relocated and every use within any building or structure or use accessory thereto in Valley Township shall be in conformity with the provisions of this CHAPTER . Any existing building or land not in conformity with the regulations herein prescribed shall be regarded as nonconforming but may be continued, extended or changed subject to the special regulations herein provided with respect to nonconforming buildings, structures or uses.

8 104. INTERPRETATION. A. In interpreting and applying the provisions of this CHAPTER , they shall be held to be the minimum requirements for the promotion of the health, safety and general welfare of the residents of the Township . B. In interpreting the language of ZONING ordinances to determine the extent of the restriction upon the use of the 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. 105. CONFLICT. It is not intended by this CHAPTER to repeal, abrogate, annul or interfere with any existing ordinances or enactments or with any rule, regulation or permit adopted or issued thereunder except insofar as the same may be inconsistent or in conflict with any of the provisions of this CHAPTER ; provided, that where this CHAPTER imposes greater restrictions upon the use of buildings or land or upon the height and bulk of buildings or prescribes larger open spaces than are required by the provisions of other such ordinance , enactment, rule, regulation or permit, then the provisions of this CHAPTER shall control.

9 Furthermore, if a discrepancy exists between any regulations contained within this CHAPTER , that regulation which imposes the greater restriction shall apply. (27, PART 1) 27-7 106. USES NOT PROVIDED FOR. Whenever, in any zone established under this CHAPTER , a use is not listed as permitted, an application for such use shall be denied. 107. ESTABLISHMENT OF ZONES. For the purpose of this CHAPTER , Valley Township is hereby divided into zones which shall be designated as follows: A. Conservation Zone (C) B. R-1 Residential ZONING (R-1) C. R-2 Residential Zone (R-2) D. Highway Commercial Zone (HC) E. Regional Commercial Zone (RC) F. Industrial Zone (I) G. Neighborhood Commercial Office Zone (NCO) H. Planned Development Zone (PD) I. Airport Safety Zone J. Multiple Family Residential Overlay District Option Zone (MFR) 108. ZONING MAP. The areas within Valley Township , as assigned to each zone and the location of the zones established by this CHAPTER , are shown upon the ZONING Map, which together with all explanatory matter thereon, is attached to and is declared to be a part of this CHAPTER .

10 109. ZONE BOUNDARY LINES. The zone boundary lines shall be as shown on the ZONING Map. At the time of passage of this CHAPTER , zone boundary lines are intended to coincide with lot lines; the centerlines of streets, alleys, railroad rights-of-way and streams; the corporate boundary of the Township ; or as dimensioned on the map. In the event of dispute about the location of the boundary of any zone the ZONING Officer shall investigate and render a decision on the location of the line. Appeals ZONING 27-8 from this decision shall be made to the ZONING Hearing Board. 110. COMMUNITY DEVELOPMENT OBJECTIVES. This CHAPTER is enacted in accordance with the Valley Township Comprehensive Plan and has been formulated to implement the purposes set forth in 102 above. The CHAPTER is enacted with regard to the following community development objectives: A. To guide the future development of the Township in accordance with planning of land use and population density that represents the most beneficial and convenient relationship among the conservation, residential, commercial, industrial and recreational areas and uses within the Township .