Malvern Borough Zoning Ordinance TABLE OF CONTENTS

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1 TABLE OF CONTENTS Article I: Title, Purpose, Objectives, and Interpretation Page Section 100. Title...I-1 Section 101. Purposes...I-1 Section 102. Statement of Community Development Objectives...I-1 Section 103. Interpretation and Scope...I-2 Section 104. Conflict...I-3 Section 105. Validity...I-3 Section 106. Repealer...I-3 Section 107. Effective Date...I-3 Article II: Definitions Section 200. Interpretation... II-1 Section 201. Definition of Terms... II-1 Article III: Establishment of Zoning Districts Section 300. Classes of Districts... III-1 Section 301. District Boundaries... III-1 Section 302. Zoning Map... III-2 Section 303. Federal and State Owned Property... III-2 Article IV: R1 - Residential District Section 400. Purpose... IV-1 Section 401. Use Regulations... IV-1 Section 402. Area and Bulk Regulations... IV-1 Section 403. Design Standards... IV-2 Article V: R2 - Residential District Section 500. Purpose... V-1 Section 501. Use Regulations... V-1 Section 502. Area and Bulk Regulations... V-1 Section 503. Design Standards... V-2 Article VI: R3 - Residential Districts (R3a and R3b) Section 600. Purpose... VI-1 Section 601. Use Regulations... VI-1 Section 602. Area and Bulk Regulations... VI-1 Section 603. Design Standards... VI-3 i May 2003

2 Article VII: R4 - Residential District Section 700. Purpose... VII-1 Section 701. Use Regulations... VII-1 Section 702. Area and Bulk Regulations... VII-1 Section 703. Design Standards... VII-2 Article VIII: R5 - Residential District Section 800. Purpose... VIII-1 Section 801. Use Regulations... VIII-1 Section 802. Area and Bulk Regulations... VIII-1 Section 803. Design Standards... VIII-2 Article IX: R6 - Residential District Section 900. Purpose... IX-1 Section 901. Use Regulations... IX-1 Section 902. Area and Bulk Regulations... IX-1 Section 903. Design Standards... IX-2 Article X: R7 - Residential District Section Purpose... X-1 Section Use Regulations... X-1 Section Area and Bulk Regulations... X-1 Section Design Standards... X-2 Article XI: Article XII: Reserved C1 - Commercial District Section Purpose... XII-1 Section Use Regulations... XII-1 Section Area and Bulk Regulations... XII-2 Section Design Standards... XII-3 Article XIII: C2 - Commercial District Section Purpose... XIII-1 Section Use Regulations... XIII-1 Section Area and Bulk Regulations... XIII-2 Section Design Standards... XIII-3 Article XIV: C3 - Commercial District Section Purpose... XIV-1 Section Use Regulations... XIV-1 Section Area and Bulk Regulations... XIV-2 Section Design Standards... XIV-2 ii May 2003

3 Article XV: C4 - Commercial Residential District Section Purpose... XV-1 Section Use Regulations... XV-1 Section Area and Bulk Regulations... XV-2 Section Design Standards... XV-3 Article XVI: I1 - Institutional District Section Purpose... VI-1 Section Use Regulations... VI-1 Section Area and Bulk Regulations... VI-1 Section Special Regulations... VI-2 Section Design Standards... VI-2 Article XVII: I2 - Institutional District Section Purpose... XVII-1 Section Use Regulations... XVII-1 Section Area and Bulk Regulations... XVII-2 Section Special Regulations... XVII-3 Section Design Standards... XVII-3 Article XVIII: I3 - Institutional District Section Purpose... XVIII-1 Section Use Regulations... XVIII-1 Section Area and Bulk Regulations... XVIII-1 Section Design Standards... XVIII-2 Article XIX: I4 - Institutional District Section Purpose... XIX-1 Section Use Regulations... XIX-1 Section Area and Bulk Regulations... XIX-2 Section Special Regulations... XIX-3 Section Design Standards... XIX-5 Article XX: LI Limited Industrial District Section Purpose... XX-1 Section Use Regulations... XX-1 Section Area and Bulk Regulations... XX-2 Section Design Standards... XX-3 Article XX-A: LI1 Limited Industrial District Section 2000A. Purpose... XXA-1 Section 2001A. Use Regulations... XXA-1 Section 2002A. Area and Bulk Regulations... XXA-2 Section 2003A. Design Standards... XXA-3 iii May 2003

4 Article XXI: POSC Public Open Space and Conservation District Section Purpose... XXI-1 Section Use Regulations... XXI-1 Section Area and Bulk Regulations... XXI-1 Section Design Standards... XXI-2 Article XXII: Natural Resource Protection Standards Section General Purpose... XXII-1 Section Floodplain Overlay District... XXII-1 Section Steep Slope Regulations... XXII-7 Section Wetlands Protection Regulations... XXII-11 Section Woodlands... XXII-12 Section Application of Natural Resource Protection Standards... XXII-13 Article XXIII: General Provisions Section Applicability of Regulations... XXIII-1 Section Reserved... XXIII-1 Section Reduction of Lot Area... XXIII-1 Section Yard Requirements... XXIII-1 Section Lot Width at Street Line... XXIII-2 Section Use of Residential Front Yard Area... XXIII-2 Section Obstruction to Vision at Intersection... XXIII-3 Section Floodlighting and Other Outdoor Lighting... XXIII-3 Section Fences and Walls... XXIII-5 Section Buffering and Screening... XXIII-5 Section Outdoor Storage and Display... XXIII-9 Section Performance Standards... XXIII-12 Section Keeping of Pets and Livestock... XXIII-15 Section Compliance with Subdivision and Land Development Regulations... XXIII-17 Article XIV: Supplemental Regulations Section Purpose... XXIV-1 Section Accessory Uses, Buildings and Structures... XXIV-1 Section Adult Commercial Use... XXIV-5 Section Adult Housing/Care Facility... XXIV-5 Section Amusement Center... XXIV-7 Section Bed and Breakfast... XXIV-8 Section Boarding House... XXIV-8 Section Club or Lodge... XXIV-9 Section Cluster Residential Development Standards... XXIV-9 Section Day Care Center... XXIV-13 Section Drive-Through Service... XXIV-14 Section Funeral Home... XXIV-14 Section Home Occupation(Home Based Business)... XXIV-15 Section Institutional Homes... XXIV-19 Section Microwave Dish, Radio, Television Antennae and Commercial Communication Antennae/Facility... XXIV-20 iv May 2003

5 Section Mobile Home Park... XXIV-27 Section Multi-Family Dwelling... XXIV-29 Section Multi-Shop Retail... XXIV-31 Section Outdoor Café... XXIV-31 Section Planned Campus Development, involving Educational and/or Religious Uses.... XXIV-33 Section Planned Campus Development for Professional, Executive, or Business Office Use... XXIV-34 Section Religious Use... XXIV-34 Section Residential Conversion... XXIV-35 Section Upper Floor Dwelling Unit... XXIV-36 Article XXV: Off-Street Parking and Loading Section Applicability and Purpose... XXV-1 Section Off-Street Parking... XXV-1 Section Loading and Unloading Space... XXV-9 Article XXVI: Signs Section Purpose... XXVI-1 Section Scope and Applicability... XXVI-1 Section Sign Permits and Inspections... XXVI-1 Section General Sign Regulations for all Districts... XXVI-3 Section Signs Requiring Permits... XXVI-6 Section Nonconforming Signs... XXVI-9 Section Registration of Nonconformities... XXVI-10 Section Removal of Unsafe Signs... XXVI-11 Article XXVII: Nonconforming Use Regulations Section Applicability and Purpose... XXVII-1 Section Continuation... XXVII-1 Section Nonconforming Uses... XXVII-2 Section Nonconforming Structures... XXVII-3 Section Nonconforming Lots... XXVII-4 Section Nonconforming Signs... XXVII-4 Article XXVIII: Zoning Hearing Board Section Purpose, Establishment and Membership... XXVIII-1 Section Board Organization, Rules and Records... XXVIII-1 Section Jurisdiction... XXVIII-2 Section Applications for Hearings... XXVIII-2 Section Expenditures... XXVIII-3 Section Hearings... XXVIII-3 Section Notice of Hearings... XXVIII-5 Section Appeals to the Zoning Hearing Board... XXVIII-6 Section Standards for Variances... XXVIII-6 Section Standards for Special Exceptions... XXVIII-7 Section Burden of Proof... XXVIII-8 Section Expiration of Special Exceptions and Variances... XXVIII-8 v May 2003

6 Section Time Limitations... XXVIII-8 Section Stay of Proceedings... XXVIII-9 Section Appeals to Court... XXVIII-9 Article XIX: Administration and Enforcement Section Purpose... XIX-1 Section Zoning Officer... XIX-1 Section Cause of Action... XIX-2 Section Notice of Violation... XIX-2 Section Enforcement Remedies... XIX-3 Section Zoning Permit... XIX-3 Section Zoning Permit Application... XIX-4 Section Issuance of Zoning Permits... XIX-5 Section Use and Occupancy Permit Required... XIX-5 Section Issuance or Refusal of Permits... XIX-5 Section Conditional Uses... XIX-5 Section Municipal Liability... XIX-11 Section Fees... XIX-11 Article XXX: Amendments Section Power of Amendment... XXX-1 Section Planning Commission Referral... XXX-1 Section Public Hearing and Notice... XXX-1 Section Decisions of the Borough Council... XXX-2 Section Citizen Petition... XXX-3 Section Curative Amendment Procedures... XXX-3 Appendix A: Plant Materials List... A-1 Malvern Zoning Matrix vi May 2003

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