This chapter shall be known and may be cited as the "Punxsutawney
Borough Zoning Ordinance." The accompanying map is hereby declared
to be part of this chapter and shall be known and may be cited as
the "Punxsutawney Borough Zoning Map," hereinafter referred to as
the "Zoning Map."[1]
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
This chapter shall become effective on August 10, 2009. This enactment by the Council of the Borough of Punxsutawney, County of Jefferson, is by the authority of and pursuant to the provisions of Articles VI through X-A of Act No. 247 of 1968, P.L. 805, as reenacted and amended by the Pennsylvania General Assembly, known and cited as the “Pennsylvania Municipalities Planning Code.”[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter is designed, adopted and enacted to achieve the
following purposes:
A.
To promote, protect and facilitate any or all of the following: the
public health, safety, morals, and the general welfare; coordinated
and well-planned community development and proper density of population;
emergency management preparedness and operations, airports, and national
defense facilities, the provisions of adequate light and air, access
to incident solar energy, police protection, vehicle parking and loading
space, transportation, water, sewerage, schools, recreational facilities,
public grounds, the provision of a safe, reliable and adequate water
supply for domestic, commercial, agricultural or industrial use, and
other public requirements; as well as preservation of the natural,
scenic and historic resources in the environment and preservation
of critical components of the area heritage.
B.
To prevent one or more of the following: overcrowding of land, blight,
danger and congestion in travel and transportation, or loss of health,
life or property from fire, flood, panic or other dangers.
C.
To preserve farmland and agricultural activities, taking topography,
soil type and classification and present use.
D.
To provide for the use of land within the Borough for residential
housing of various dwelling types encompassing all basic forms of
housing, including single-family and two-family dwellings, and a reasonable
range of multifamily dwellings in various arrangements, provided,
however, that no zoning ordinance shall be deemed invalid for the
failure to provide for any other specific dwelling type.
E.
To accommodate reasonable overall community growth and development,
including population and employment growth, and opportunities for
development of a variety of residential dwelling types and nonresidential
uses.
A.
Minimum and uniform regulations. The regulations set forth in this
chapter within each district shall be minimum regulations and shall
apply uniformly to each class or kind of structures or land.
B.
Proposed uses and structures. In all zoning districts, after the effective date of this chapter, any new building or other structure or any tract of land shall be constructed, developed, and used only in accordance with the regulations specified herein, except where a variance has been authorized by the Zoning Hearing Board in accordance with Article VI of this chapter.
C.
Existing uses and structures. In all districts, after the effective date of this chapter, any existing building or other structure or any tract of land which is not in conformity with the regulations of the district in which it is located shall be deemed to be nonconforming and subject to the regulations of Article VI of this chapter.
For the purpose of the interpretation and application of this
chapter, the provisions contained herein shall be held to be the minimum
requirements for the promotion of public health, safety, comfort,
convenience, and general welfare.
A.
Whenever any regulations made under authority of this chapter require
a greater width or size of yards, courts or other open spaces, or
require a lower height of buildings or smaller number of stories,
or require a greater percentage of lot to be left unoccupied, or impose
other higher standards than are required in or under any other statute,
the provisions of the regulations made under authority of this chapter
shall govern.
B.
Whenever the provisions of any other statute require a greater width
or size of yards, courts or other open spaces, or require a greater
percentage of lot to be left unoccupied, or impose other higher standards
than are required by any regulations made under authority of this
chapter, the provisions of such statute shall govern.
C.
Whenever any regulations pertaining to a specific use or activity
under authority of this chapter require a greater width or size of
yards, courts or other open spaces, or require a lower height of buildings
or smaller number of stories, or require a greater percentage of lot
to be left unoccupied, or impose other higher standards than are required
for the zoning district or generally required under this chapter,
the greater or higher standards shall govern.
D.
In interpreting the language of this chapter 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 Borough Council, in favor of the
property owner and against any implied extension of the restriction.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed. Nothing in this chapter hereby adopted shall
be construed to affect any suit or proceeding now pending in any court
or any rights accrued or liability incurred or any cause or causes
of action occurred or existing under any ordinance repealed by this
chapter, nor shall any right or remedy of any character be lost, impaired
or affected by this chapter.
