This chapter shall be entitled "An ordinance to limit and restrict to specified districts or zones, and to regulate therein, buildings and structures according to their construction and the nature and extent of their use, and the nature and extent of the uses of land in the Borough of Danville, and providing for the administration and enforcement of the provisions herein contained and fixing penalties for the violation thereof."
This chapter shall be known and may be cited as the "Danville Borough Zoning Ordinance."
A. 
The intent of this chapter is to establish a precise and detailed plan for the use of land in Danville Borough based on the municipality's Master Plan, including but not limited to those aspects of the Master Plan relating to land use, density of population and location and function of streets and other community facilities and utilities. This chapter has been further enacted in order to promote and protect the general health, welfare, safety and convenience of the municipality.
B. 
The Borough of Danville has enacted a Zoning Ordinance, of which this statement is a part, in accordance with the Pennsylvania Municipalities Planning Code.[1] The adoption and enforcement of these regulations is intended to provide the municipality with procedures which will assist in directing its growth and development in accordance with local needs and goals.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
Pertinent local goals which these regulations are intended to bring to fruition relate to such factors as land use, population density, streets and traffic and other community facilities and utilities, generally as defined in the Danville Borough Master Plan.
D. 
More specifically, it is intended to:
(1) 
Create a pattern of land uses which is compatible and harmonious, where a suitable environment may be created for residential, commercial and industrial functions. The protection of our present and future residential areas is a prime concern, as well as the reservation and protection of lands which are considered desirable and suitable for commercial and industrial uses, but not those industrial uses which will emit nuisances which would have an adverse affect on any part of the community.
(a) 
Residential land use goals. The Borough will pursue policies which will permit a wide variety of residential densities and housing types in order to meet the physical, social and economic needs of the Borough's current residents as well as potential future residents.
(b) 
Commercial land use goals. Expansion of commercial development is desired, including a greater variety of commercial establishments to meet the needs of the residents. Regardless of the location of future commercial development, it should be designed and developed in a manner which would not create an adverse environmental effect on existing or developing residential areas.
(c) 
Manufacturing land use goals. Manufacturing development should be located in a suitable area (or areas) and it should be regulated to minimize noise, odors and other potentially adverse environmental impacts on the residential areas of the Borough.
(2) 
Maintain a density of population which can feasibly be served by the streets and other public facilities which presently exist or can be reasonably provided by the municipality.
(3) 
Direct the types of development and the intensity of development in such a manner as will not place an unreasonable burden on the capacity of local streets and other public facilities.
(4) 
Preserve the character, appearance and integrity of the community in keeping with the present pattern and character of development.
(5) 
Protect the floodplain by prohibiting the forms of development which would restrict the flow of the streams and/or result in extensive loss of life or property.
A. 
Administration and enforcement. This chapter includes provisions for the administration and the enforcement of the chapter and such other provisions as are deemed necessary to implement the purposes of this chapter and the purposes of Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Flexibility and innovation. This chapter includes provisions to encourage innovation and to promote flexibility, economy and ingenuity in development, including subdivisions and land developments as defined in Act 247, as amended. Such regulations provide authorization to increase the permissible density of population and intensity of uses based upon expressed standards and criteria set forth herein.
C. 
Development features regulated. This chapter includes provisions regulating:
(1) 
Uses of land, watercourses and other bodies of water.
(2) 
Size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures.
(3) 
Areas and dimensions of land and bodies of water to be occupied by uses and structures, as well as areas, courts, yards and other open spaces and distances to be left unoccupied by uses and structures.
(4) 
Density of population and intensity of use.
(5) 
Protection and preservation of natural resources.
(6) 
Special exceptions.
(7) 
Variances.
(8) 
Conditional uses.
These regulations are deemed necessary 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 practical community development and proper density of population; emergency management preparedness and operations, airports and national defense facilities; the provision of adequate light and air; access to incident solar energy; police protection; vehicle parking and loading space; transportation; water; sewerage; schools; recreation facilities; public grounds; the provision of a safe, reliable and adequate water supply for domestic, commercial or industrial use and other public requirements; as well as preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains.
B. 
To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.
C. 
To provide for the use of land within the municipality 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.
D. 
To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.
E. 
To adopt and enforce effective land use controls in areas subject to flooding in order to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief and the impairment of the tax base by:
(1) 
Regulating uses, activities and development which, acting alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies.
(2) 
Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding.
(3) 
Requiring all those uses, activities and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
(4) 
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.