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Zoning Ordinance Article 3

Pequea Township Zoning Ordinance 71

12-16-04

ARTICLE 3

ZONING DISTRICTS

Section 300 Types of Zoning Districts

For the purpose of this Ordinance, Pequea Township is hereby

divided into the following districts [(O) = overlay district]:

DISTRICT

ARTICLE

F Floodplain (O) 4

S Steep Slope Conservation (O) 4-A

K Karst Hazard (O) 4-B

A Agricultural 5

MR Mineral Recovery 5-A

R1 Residential 6

R2 Residential 7

H Historic (O) 8

C Commercial 9

I Industrial 10

Section 301 Official Zoning Map

The boundaries of the zoning districts shall be as shown on

the Official Zoning Map which is on file in the Office of the

Township. Said Official Zoning Map and all notations, references

and data shown thereon are hereby incorporated by reference into

this Ordinance and shall be as much a part of this Ordinance as

if all were fully described herein. The Floodplain, Steep Slope

Conservation, Karst Hazard, and Historic District shall be overlay

districts and shall be considered a part of the said Official

Zoning Map, and the location of such overlay zoning districts

shall be determined as set forth in Articles 4, 4-A, 4-B and 8

of this Ordinance.

The Official Zoning Map shall be so labeled, and identified by

the signature of the Chairman of the Board of Supervisors and

attested by the Secretary of the Township, and bear the seal of

the Township under the following words: "This is to certify that

the following ______________ sheets comprise the Official Zoning

Map of Pequea Township, Lancaster County, Pennsylvania, adopted

this ____________________ day of _______________________, 1992".

Should any challenge be made to the procedural validity of the

process used by the Township to enact the Official Zoning Map

which is incorporated into this Ordinance, and should such procedure

be determined to be invalid by a court of competent jurisdiction,

such invalidity, illegality, or unconstitutionality

shall not affect or impair the remaining provisions, sections,

sentences, clauses, or parts of the text of this Ordinance, it

Pequea Township Zoning Ordinance 72

being the intent of the Board of Supervisors that the remainder

of the text of this Ordinance shall be and shall remain in full

force and effect. The foregoing severability provision is intended

to be applied to its fullest extent in order that the

remainder of this Ordinance shall not be affected by any procedural

defects relating to the Official Zoning Map. In addition,

should the procedure used to enact the Official Zoning Map be determined

to be invalid by a court of competent jurisdiction, then

the Official Zoning Map enacted by the Board of Supervisors by

Ordinance No. 84, enacted August 22, 1990, shall be considered

to be the Official Zoning Map under this Zoning Ordinance. If,

as a result of such challenge the Zoning Map adopted by Ordinance

No. 84 shall be considered the Official Zoning Map under this

Ordinance, all lands designated as R-240 Residential District and

R-180 Residential District on the Zoning Map adopted by Ordinance

No. 84 shall be considered to be R-1 Residential District under

this Ordinance, and all lands designated as R-150 Residential

District on the Zoning Map adopted by Ordinance No. 84 shall be

considered to be R-2 Residential District under this Ordinance.

It is the express intent of the Board of Supervisors that if this

severability clause is used and the Zoning Map adopted by Ordinance

No. 84 becomes the Official Zoning Map under this Ordinance,

the redesignation of the names of the residential districts

shown on the Zoning Map adopted by Ordinance No. 84 shall

be considered a textual change to rename the various residential

districts established by Ordinance No. 84, and any changes to the

regulations applying to such residential districts made in the

text of this Zoning Ordinance shall not be considered to be a

change in the zoning classification of the lands.

Section 302 District Boundaries

A) Boundaries which appear to follow the centerline of streets,

highways, or alleys, or extensions thereof, or parallel or

perpendicular to such centerlines, shall be construed as

such.

B) Boundaries which appear to follow lot lines or extensions

thereof, or parallel or perpendicular to such lot lines

shall be construed as such.

C) Boundaries which appear to follow Township boundary lines or

limits shall be construed as following such boundary lines

or limits.

D) Boundaries indicated as approximately following the centerline

of streams or other bodies of water shall be construed

to follow such centerlines.

E) Distances specifically indicated shall be so construed.

Distances not specifically indicated shall be determined by

the scale of the map.

Pequea Township Zoning Ordinance 73

F) Where physical or cultural features existing on the ground

are at variance with those shown on the official Zoning Map,

or in other circumstances not indicated by provisions of

this Section, the Zoning Officer, subject to appeal to the

Zoning Hearing Board, shall interpret the district boundaries.

Section 303 Amendments to the Official Zoning Map

If, in accordance with Article 21 and all other provisions of the

Zoning Ordinance, changes are made in district boundaries or

other matter portrayed on the Official Zoning Map, such changes

shall be made on the Official Zoning Map promptly by the Zoning

Officer or some other competent person designated by the Board

of Supervisors. This change shall be accompanied by an entry on

the Official Zoning Map stating the date of the amendment and the

ordinance number which amends the Official Zoning Map.