Frequently Asked Questions

Please note that the answers below are about the re-organization draft. All other questions can be directed to the Planning team at info@haverfordzoning.com.

  • Yes. The rules that govern your property have not changed. This reorganization relocates, consolidates, and clarifies the language of the ordinance, but it does not alter the underlying standards. The permitted uses, dimensional requirements, and conditions that applied to your property before this reorganization apply in exactly the same way after it. You are not required to obtain new approvals, modify your existing use, or bring your property into compliance with any new standard as a result of this reorganization.

  • Yes. The reorganization does not alter any dimensional standard, use permission, or development requirement that determines whether a property is conforming. Setbacks, lot sizes, building heights, impervious surface limits, and all other area and bulk standards that governed your property under the legacy ordinance have been carried forward without substantive change. If your property and its existing use met those standards before the reorganization, it continues to meet them after.

  • No. Moving a regulation from one article to another does not alter its legal effect. A setback requirement that previously appeared in Article II and now appears in Article XIII governs the same property in the same way. The Change Log documents provided with this submission identify the precise origin and destination of every relocated provision, allowing reviewers to verify continuity of content.

  • No. All standards are governed by the regulatory text. Charts, tables, and illustrations are provided as interpretive aids to make the text more accessible, but in the event of any ambiguity, the written regulatory language controls. Adding a diagram to explain how building height is measured does not alter the height limit, it simply makes an existing rule easier to understand and apply consistently.

  • Correction of a true internal conflict, where two provisions of the same ordinance require contradictory actions, does not create a substantive change. It resolves an ambiguity that already existed in the law. Similarly, aligning a procedural provision with current state law restores consistency with a higher legal authority that the Township was already obligated to follow. 

  • Only in very limited cases. When a definition was refined for clarity, the intent was to ensure that the rule is applied as it was always intended, not to broaden or narrow its scope. For example, replacing a vague phrase with a precise one does not create a new rule; it eliminates the ambiguity that allowed the old rule to be interpreted inconsistently. There are instances in which definitions were updated to match state regulations. For example, Continuing-Care Retirement Community was updated to include those over 55, to align with the FHAA and the Housing for Old Persons Act (HOPA). 

  • The intent of the use category modernization is translation, not reclassification. Each use that was permitted by right remains permitted by right; each use that required a special exception or conditional use still requires that same level of review. Where a legacy use category was sufficiently broad that the updated framework splits it into two named categories, both sub-categories carry the same designation (permitted, special exception, or conditional) that the parent category held. 

    There were limited cases in which consolidation of specific uses into larger categories required some determination as to how to address inconsistencies. For example, in the LIN district, bottling and canning of nonalcoholic beverages was a Special Exception in the old ordinance. However, every other light industrial uses in that district was listed as permitted use. In that condition, canning of nonalcoholic beverages became a permitted use when it was previously a SE. 

    The Use Table Change Log documents every instance of renaming or consolidation to support your review of any potential use changes. Careful review of that document against the ordinance is strongly recommended if you are concerned about such edge cases.

  • The definitions article serves the entire ordinance, not just the use tables. A definition, on its own, neither permits nor prohibits any activity: that determination is made exclusively by the district use tables. However, there are instances in which questions may arise about whether something falls into one category or use or another. Without clear definitions, making this determination becomes a matter of conjecture. At the same time, it is also important to remember that this is just phase one of the zoning update. There is a second phase where substantive changes will happen. As such, some definitions were included in anticipation of that work. 

  • Yes. Under the Pennsylvania Municipalities Planning Code, a zoning ordinance must provide for all legitimate uses of land somewhere within the municipality. This is not a policy choice; it is a legal requirement. A municipality cannot simply omit a use category from its ordinance and treat the omission as a prohibition. If a use is not addressed, it may be found to be permitted by default. The updated use categories and their corresponding definitions are, in part, a response to this requirement. By expressly identifying modern types, assigning them to appropriate districts, and establishing the level of review they require, the ordinance ensures that the Township's regulatory framework is legally complete. The alternative of leaving emerging uses undefined and unaddressed creates greater legal exposure than acknowledging them directly.

  • Zoning ordinances that enumerate every conceivable specific use by name are perpetually incomplete. The moment a new business type emerges, a new technology enables a new activity, or an existing use evolves in ways that do not fit neatly into a named category, the ordinance is silent, and silence in zoning creates disputes. A municipality that listed "video rental store" as a permitted use in 1985 found itself without a clear answer that business transitioned to selling cell phones in the 2000s. Use categories solve this problem by defining the essential character of an activity and grouping similar activities together. This helps ensure that the ordinance remains functional as land uses evolve without requiring constant amendment.

    On the other hand, some terms are defined precisely because the ordinance needs to identify them clearly in order to permit, restrict, or prohibit them. An enforceable prohibition requires a precise description of what is being prohibited; without one, an administrator has no firm legal basis on which to act. Likewise, some uses have very clear definitions in law and deviating away from them puts the Township at risk. This is why there are some very detailed definitions of adult uses and sometimes confusing language around what constitutes a family.