This chapter shall be known and may be cited as "the Mount Joy
Township Zoning Ordinance of 2012."
The provisions of this chapter are severable, and if any section,
sentence, clause, part or provision hereof shall be held to be illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this chapter.
It is hereby declared to be the intent of the Board that this chapter
would have been enacted if such illegal, invalid or unconstitutional
section, sentence, clause, part or provision had not been included
herein.
This chapter shall take effect and be in force five days after
its enactment by the Board of Supervisors of the Township of Mount
Joy as provided by law.
In interpreting and applying this chapter, its provisions shall
be held to be the minimum requirements for promotion of health, safety,
morals and general welfare of the Township. Any use permitted subject
to the regulations prescribed by the provisions of this chapter shall
conform to all regulations for the zoning district in which it is
located and with all other pertinent regulations of this chapter.
This chapter is not intended to interfere with, abrogate, annul, supersede
or cancel any easements, covenants, restrictions or reservations contained
in deeds or other agreements, but if this chapter imposes more stringent
restrictions upon the use of buildings and land than are contained
in the deeds or agreements, the provisions of this chapter shall control.
The provisions, regulations, limitations and restrictions of
this chapter shall apply to all structures, buildings, uses, signs
and land and their accessory structures, buildings, uses and signs.
Nothing in this chapter shall require any change in plans or construction
of a lawful use, the construction of which is lawfully started before
the effective date of this chapter and which is completed within one
year after the effective date of this chapter.
This chapter is an amendment to and restatement of zoning regulations in effect prior to its effective date. Ordinance No. CL, adopted by the Board of Supervisors of the Township of Mount Joy on January 19, 1998, codified as Chapter 135, Zoning, of the Code of Ordinances of the Township of Mount Joy, and all amendments are hereby expressly repealed; provided, however, that the provisions of Ordinance No. CL and all amendments thereto shall be applied to all subdivision and land development applications and plans to which such provisions are applicable under the requirements of Section 508(4) of the MPC;[1] and provided further that nothing in this chapter shall
be construed to affect any suit or proceeding pending in any court,
or any rights acquired or liability incurred, or any permit issued
or approval granted or any cause or causes of action arising prior
to the enactment of this chapter. All ordinances and parts of ordinances
and all resolutions and parts of resolutions which are inconsistent
herewith by virtue of references to or incorporation of requirements
contained in Ordinance No. CL and amendments thereto shall, as nearly
as possible, be construed to reference this chapter.
[1]
Editor's Note: See 53 P.S. § 10508(4).
[Added 4-17-2017 by Ord.
No. 312-2017]
If a use is not clearly permitted by right or as a special exception
or by conditional use approval by this chapter within any zoning district,
the Zoning Hearing Board may permit such use as a special exception
if the applicant specifically demonstrates to the Zoning Hearing Board
that all of the following conditions will be met:
A.
The proposed
use will be less intensive in external impacts than the uses that
are permitted as of right in the district.
B.
The proposed
use will be closely similar in impacts and characters to the uses
permitted in that district.
D.
The proposed
use is not specifically prohibited in the district.
E.
The use
shall comply with all design and performance standards applicable
to permitted uses within the district.
F.
The use
shall comply with all generally applicable performance standards,
including, but not limited to, off-street parking applicable to uses
which are of the same character as the proposed use.
