This chapter shall apply throughout the Borough of Mount Joy. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See § 270-3A.
This chapter is hereby adopted:
A. 
In accordance with the requirements and purposes [including Sections 604 and 605 or their successor section(s), which are included by reference] of the MPC, as amended.
B. 
In accordance with goals and objectives of the Donegal Region Comprehensive Plan. The relevant goals and objectives of such plan have been modified, for the purposes of this chapter, as follows to serve as community development objectives:
(1) 
Incorporate the policy goals established by the Lancaster County Planning Commission.
(2) 
Promote innovative residential design that encourages the creation of a sense of community for undeveloped parcels.
(3) 
Provide startup housing opportunities that are affordable to young families.
(4) 
Encourage adaptive reuse and infill development.
(5) 
Protect sensitive and important natural features from indiscriminate development.
(6) 
Stimulate economic development and revitalization by attracting commercial uses (such as retail, service and specialty stores) to the downtown area.
(7) 
Encourage additional light industrial development, particularly in the eastern part of the Borough; maintain and enhance existing industrial areas.
(8) 
Provide opportunities for home occupations of limited intensity.
(9) 
Work to improve the marketability of underutilized buildings.
(10) 
Provide for the diverse housing needs of all of the region's current and future residents.
(11) 
Provide for the preservation of historic resources.
(12) 
Provide for development that takes full advantage of the availability of public water and sewage services.
(13) 
Encourage the creation of developer-aided neighborhood parks in future residential developments; work to improve parkland in existing neighborhoods where there is a deficit.
(14) 
Coordinate future land and roadway functions to maximize safe and efficient use of major roads.
(15) 
Coordinate road improvements with planned roadway functions, design standards and planned land uses.
(16) 
Assure that future development provides for access designs and planned locations that minimize traffic congestion and safety problems; encourage needed improvements to be completed by developers.
(17) 
Promote alternative means of transportation, such as pedestrian movement, bicycles, public transit and carpooling.
(18) 
Seek to minimize the need for zoning variances for routine improvements.
A. 
Applicability.
(1) 
Any of the following activities or any other activity regulated by this chapter shall only be carried out in conformity with this chapter:
(a) 
Erection, construction, movement, placement or extension of a structure, building or sign.
(b) 
Change of the type of use or expansion of the use of a structure or area of land.
(c) 
Creation of a lot or alteration of lot lines.
(d) 
Creation of a new use.
(2) 
Zoning permit. A zoning permit indicates that a zoning application complies with this chapter to the best knowledge of the applicable Borough staff.
(a) 
A zoning permit is required to be issued prior to the start of any of the following activities:
[1] 
Erection, construction, movement, placement or expansion of a structure, building or sign.
[2] 
Change of the type of use or expansion of the use of a structure or area of land.
[3] 
Creation of a new use.
[4] 
Demolition of a building.
(b) 
The Borough may, at its option, issue combined or separate building permits and zoning permits and/or may utilize a single or separate applications for the permits.
(3) 
Certificate of use and occupancy.
(a) 
It shall be unlawful to use and/or occupy any structure, sign, land area or portion thereof for which a zoning permit is required until a certificate of use and occupancy for such activity has been issued by the Borough staff.
(b) 
The Borough staff may permit the zoning permit application to serve as the application for the certificate of use and occupancy.
(c) 
The certificate of use and occupancy shall only be issued by the Zoning Officer if the Zoning Officer determines that the activity complies with this chapter to the best knowledge of the Zoning Officer. The Borough may also withhold issuance of the certificate until there is compliance with other Borough ordinances.
(d) 
The applicant shall keep a copy of the certificate of use and occupancy available for inspection.
(e) 
Upon the request of an applicant, the Zoning Officer may issue a temporary certificate of use and occupancy. Such temporary certificate may permit an activity to occur in all or part of a structure before the entire work covered by the permit has been completed.
[1] 
However, such temporary certificate shall only be issued if the applicant proves to the Zoning Officer that the activity or occupancy can occur safely without endangering public health or safety.
[2] 
The temporary certificate shall establish, in writing, a maximum time period under which it is valid. A six-month maximum time period shall apply if not otherwise specified.
[3] 
Failure to receive a permanent certificate of use and occupancy within such time period shall be a violation of this chapter.
[4] 
The temporary certificate may be conditioned upon compliance with certain specific requirements within certain time periods.
[5] 
See also § 270-3G.
B. 
Repairs and maintenance. Ordinary repairs and maintenance to existing structures shall not by itself be regulated by this chapter. Examples of such work include replacement of a roof or porch that does not involve enclosure of space. (However, a construction permit under the UCC may be needed for such work.)
C. 
Types of uses.
(1) 
Permitted by right uses. The Zoning Officer shall issue a permit under this chapter in response to an application for a use that is permitted by right if it meets all of the requirements of this chapter.
(2) 
Special exception use or application requiring a variance. A permit under this chapter for a use requiring a special exception or variance shall be issued by the Zoning Officer only in response to a written approval by the Zoning Hearing Board following a hearing.
(3) 
Conditional use. A permit under this chapter for a use provided as a conditional use shall only be issued by the Zoning Officer in response to a written approval by the Borough Council, after providing the Planning Commission with an opportunity for a review.
D. 
Applications.
(1) 
Submittal. All applications for a zoning permit or a decision by the Zoning Hearing Board shall be made in writing on a form provided by the Borough. Such completed application, with required fees, shall be submitted to a designated Borough staff person.
(2) 
Site plan. The applicant shall submit a minimum of two copies of a site plan with the application if the application involves a new principal building, expansion of a principal building or addition of three or more parking spaces. The site plan shall be drawn to scale and show the following:
(a) 
Locations, dimensions and uses of existing and proposed structures, parking and loading areas, and locations of existing and proposed uses of areas of land, with existing features clearly distinguished from proposed features.
(b) 
Notes showing the dimensions of all buildings from lot lines and street rights-of-way.
(c) 
Locations of any watercourses and any one-hundred-year floodplain.
(d) 
Proposed lot areas, lot widths and other applicable dimensional requirements.
(e) 
Locations and widths of existing and proposed sidewalks.
(f) 
Locations and widths of all easements on the subject property.
(3) 
Additional information. Any application under this chapter shall include the following information, unless the Zoning Officer determines such information is unnecessary to determine compliance with this chapter:
(a) 
The address of the lot.
(b) 
Name and address of the applicant, and of the owner of the property if different from the applicant.
(c) 
A description of the proposed use of the property.
(d) 
All other applicable information listed on the official Borough application form.
(e) 
Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter.
(4) 
Submittals to the Board. In addition to the information listed in Subsection D(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:
(a) 
The present zoning district and major applicable lot requirements.
(b) 
For a nonresidential use:
[1] 
A description of the proposed nonresidential operations and storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large truck traffic, glare, odors, dust, fire or toxic or explosive hazards or other significant public health and safety hazards.
[2] 
A list of the maximum hours of operation.
(c) 
The existing directions of stormwater flow (and any proposed revisions) and any proposed methods of stormwater management.
(d) 
A listing of any sections of this chapter being appealed, with the reasons for any appeal.
(e) 
Approximate locations of principal buildings and locations of streets and alleys and zoning district boundaries within 100 feet of the boundaries of the tract and a description of uses of adjoining properties (such as "drugstore" or "single-family detached dwelling").
(f) 
Heights, locations, methods of illumination and intensity of exterior lighting and sign lighting.
(g) 
Name and address of person who prepared the site plan.
(h) 
Signed acknowledgment of the site plan by the applicant and such additional information required under applicable sections of this chapter.
(5) 
Ownership. No person other than a landowner or their specifically authorized agent or a tenant or lessee with written permission of the landowner shall submit a zoning application. (See definition of "landowner" in § 270-32.)
E. 
Issuance of permits.
(1) 
At least one copy of each permit application and any other zoning approval shall be retained in Borough files.
(2) 
PennDOT permit. Where necessary for access onto a state road, a Borough zoning or building permit shall be automatically conditioned upon issuance of a PennDOT highway occupancy permit.
F. 
Revocation of permits; appeal of permit or approval.
(1) 
Revocation. The Zoning Officer shall revoke, withhold or suspend a permit or approval issued under the provisions of this chapter in case of one or more of the following:
(a) 
Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based. (Note: The Pennsylvania Crimes Code provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties.)
(b) 
Upon violation of any condition lawfully imposed by the Zoning Hearing Board upon a special exception use or variance.
(c) 
Any work being accomplished or use of land or structures in such a way that does not comply with this chapter or an approved site plan or approved permit application.
(d) 
For any other just cause set forth in this chapter.
(2) 
Appeals. A party with legitimate standing, or as otherwise provided by state law, may appeal decisions under this chapter within the provisions of the MPC. Any such appeal shall occur within the time period established in the MPC.
G. 
Zoning permit for temporary uses and structures.
(1) 
Zoning permit. A zoning permit for a temporary use or structure may be issued by the Zoning Officer for any of the following:
(a) 
Customary, routine and accessory short-term special events, provided that only a well-established nonprofit organization or a permitted place of worship proposing a temporary use to clearly primarily serve a charitable, public service or religious purpose shall be eligible to receive approval for commercial-type activities in a district where a commercial use would not otherwise be permitted.
(b) 
Temporary storage and office trailers that are necessary to serve on-site construction, while such construction is actively underway.
(c) 
Such other activities that the applicant proves are routine, customary and temporary.
(2) 
Time period. The Zoning Officer shall state a reasonable maximum time period on the temporary permit. If no time limit is stated, then a six-month maximum period shall apply. A temporary permit may be renewed for just cause.
H. 
Compliance with Chapter 240, Subdivision and Land Development. If an application under this chapter would also be regulated by Chapter 240, Subdivision and Land Development (SALDO), then any permit or approval under this chapter shall automatically be conditioned upon compliance with the SALDO. See definitions of "land development" and "subdivision" in the SALDO (Chapter 240).
(1) 
For example, if an applicant applies for a single-family detached dwelling on a proposed new lot, the construction permit for such dwelling shall not be valid until after the lot is granted final subdivision approval and the lot is officially recorded by the County Recorder of Deeds.
A. 
After receiving a proper application, the Zoning Officer shall either:
(1) 
Issue the applicable permit(s); or
(2) 
Deny the application(s) as submitted, indicating one or more reasons.
B. 
After the permit under this chapter has been issued, the applicant may undertake the action specified by the permit, in compliance with other Borough ordinances. However, it is recommended that applicants wait 30 days to begin construction if there is a possibility of an appeal by another party to have the permit revoked. Any commencement of construction or a use within this thirty-day appeal period shall be at the risk of the applicant.
A. 
Minimum requirements. Where more than one provision of this chapter controls a particular matter, the provision that is more restrictive upon uses and structures shall apply. The provisions of this chapter are in addition to any other applicable Borough ordinance.
B. 
Uses not specifically regulated. If a use clearly is not permitted by right or as a special exception use by this chapter within any zoning district, the use is prohibited, except that the Zoning Hearing Board may permit such use as a special exception use if the applicant specifically proves to the clear satisfaction of the Zoning Hearing Board that all of the following conditions would be met:
(1) 
The proposed use would be less intensive in external impacts and nuisances than uses that are permitted in the district;
(2) 
The proposed use would be closely similar in impacts and character to uses permitted in that district, considering the standards in § 270-115F;
(3) 
The use would meet the standards that would apply under § 270-16C to a special exception use; and
(4) 
The use is not specifically prohibited in that district.
C. 
Interpretation of chapter text and boundaries.
(1) 
The Zoning Officer shall literally apply the wording of this chapter and the location of all district boundaries to particular applications. In any case, the Zoning Officer may also request an advisory opinion from the Borough Solicitor or the Zoning Hearing Board Solicitor to aid in the Zoning Officer's determination.
(2) 
If an applicant disagrees with the Zoning Officer's determination and believes that this chapter should be interpreted in the applicant's favor, the applicant may appeal to the Zoning Hearing Board. See § 270-11.
D. 
Undefined terms/interpretation of definitions. See § 270-31.
E. 
Interpretation of zoning boundaries. See § 270-44.
All of the enforcement, violations and penalty provisions of the MPC, as amended, are hereby incorporated into this chapter by reference.
A. 
Violations. Any person who shall commit or who shall permit any of the following actions violates this chapter:
(1) 
Failure to secure a zoning permit prior to a change in use of land or a structure or the erection, construction or alteration of any structure or portion thereof or the excavation of land to prepare for the erection, construction or alteration of any structure or portion thereof.
(2) 
Placement of false statements on or omitting relevant information from an application for a zoning permit.
(3) 
Undertaking any action in a manner which does not comply with a zoning permit.
(4) 
Violation of any condition imposed by a decision of the Zoning Hearing Board in granting a variance or special exception or other approval.
(5) 
Violation of any condition imposed by a decision of the Borough Council in granting a conditional use.
B. 
Enforcement notice. If the Borough has reason to believe that a violation of a provision of this chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in Section 616.1 of the MPC. Prior to sending an official enforcement notice, the Zoning Officer may, at his/her option, informally request compliance.
C. 
Time limits. An official enforcement notice shall state the deadline to complete bringing the property into compliance with this chapter and shall state that the applicant has 30 days from the receipt of the notice to appeal to the Zoning Hearing Board.
D. 
Causes of action; enforcement remedies. The causes of action and enforcement remedies provisions of the MPC, as amended, are hereby incorporated by reference.
(1) 
Enforcement action. If the enforcement notice is not complied with promptly, the Zoning Officer shall notify the Borough Council. The Borough Council may request the Borough Solicitor to institute in the name of the Borough any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the structure, building, sign, landscaping or land in violation of the provisions of this chapter or the order or direction made pursuant thereto. The Borough Council may also direct the Zoning Officer or Borough Solicitor to institute a civil enforcement proceeding before a Magisterial District Judge.
(2) 
Violations and penalties. Any person who has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500, plus all court costs, including the reasonable attorneys' fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless a Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Borough for the general use of the Borough.
(3) 
Remedies. In case any building, structure, sign or landscaping is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure, sign or land is used or any hedge, shrub, tree or other growth is maintained in violation of this chapter or of any of the regulations made pursuant thereto or any of the permits or certificates of use and occupancy issued under this chapter or any condition imposed upon the grant of a special exception or variance by the Zoning Hearing Board or upon the grant of a conditional use, then, in addition to any other remedies provided by law, any appropriate action or proceeding may be instituted or taken to prevent or restrain such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to prevent any illegal act, conduct, business or use in and about such premises.
E. 
Enforcement evidence. In any appeal of an enforcement notice to the Zoning Hearing Board, the Borough shall have the responsibility of presenting its evidence first.
Borough fee schedule for permits and applications may be established and amended by written resolution of the Borough Council. No application or appeal shall be considered filed until all fees are paid.
Within the requirements of the MPC, the Borough Council may amend or repeal any or all portions of this chapter:
A. 
On its own motion.
B. 
After agreeing to hear a written request of any person, entity, landowner or the Planning Commission.
A landowner or the Borough Council may utilize the curative amendment provisions of the MPC.
A. 
Appointment. The Zoning Officer shall be appointed by Borough Council. The Zoning Officer may designate other Borough staff persons to serve as Assistant Zoning Officer(s). Such designations shall be subject to concurrence by Borough Council. Assistant Zoning Officers may serve with the same authority and duties as the Zoning Officer. The Zoning Officer shall not hold any elective office within the Borough, but may hold other appointed offices.
B. 
Duties and powers. The Zoning Officer's duties and powers shall include the following:
(1) 
Administer this chapter in accordance with its literal terms, including to receive and examine all applications required under the terms of this chapter, and issue or refuse permits within the provisions of this chapter.
(2) 
Conduct inspections to determine compliance and receive complaints of violations of this chapter.
(3) 
Keep records of applications, permits, certificates, written decisions, and variances granted by the Board and of enforcement orders, with all such records being the property of the Borough and being available for public inspection.
(4) 
Review proposed subdivisions and land developments for compliance with this chapter.
(5) 
Take enforcement actions as provided by the MPC, as amended.
A. 
Membership of Board. The Zoning Hearing Board shall consist of five residents of the Borough appointed by Borough Council. The existing terms of office shall continue, with terms of office being five years and with the terms being so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other office in the Borough.
(1) 
Alternate members. Borough Council may appoint alternate members of the Zoning Hearing Board within the applicable provisions of the MPC.
B. 
Vacancies. Appointments to fill vacancies shall be only for the unexpired portion of a term.
C. 
Organization. The applicable provisions of the MPC, as amended, shall apply.
D. 
Zoning Hearing Board jurisdiction and functions. The Zoning Hearing Board shall be responsible for the following:
(1) 
Appeal of a decision by the Zoning Officer.
(a) 
The Board shall hear and decide appeals where it is alleged by an affected person or entity or Borough Council that the Zoning Officer has improperly acted under the requirements and procedures of this chapter.
(b) 
See time limitations for appeals in Subsection E.
(2) 
Challenge to the substantive validity of the chapter or map. The applicable provisions of the MPC, as amended, shall apply.
(3) 
Variances.
(a) 
The Board shall hear requests for variances filed with the Borough staff in writing.
(b) 
Standards. The Board may grant a variance only within the limitations of state law. (Note: As of the adoption date of this chapter, the Municipalities Planning Code provided that all of the following findings must be made, where relevant:
[1] 
There are unique physical circumstances or conditions [including irregularity, narrowness, or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property] and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
[2] 
Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter, and a variance is therefore necessary to enable the reasonable use of the property.
[3] 
Such unnecessary hardship has not been created by the appellant.
[4] 
The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
[5] 
The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.)
(c) 
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
(4) 
Special exceptions.
(a) 
The Board shall hear and decide requests filed with the Borough staff in writing. The Board shall only permit a special exception that is authorized by this chapter. See § 270-16.
(b) 
Conditions. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes and intent of this chapter.
(5) 
Persons with disabilities. After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Zoning Hearing Board are necessary to provide a reasonable accommodation under applicable federal law to serve persons who the applicant proves have disabilities as defined in and protected by such laws.
(a) 
Such reasonable accommodations shall be requested in accordance with the United States Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601 et seq., or the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and the federal regulations adopted pursuant to such statutes, as amended.
(b) 
If the applicant is requesting a reasonable accommodation under the United States Fair Housing Amendments Act of 1988 or the Americans with Disabilities Act, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this chapter necessary for a reasonable accommodation and the manner by which the reasonable accommodation requested may be removed when such person with a protected disability no longer will be present on the property.
(6) 
The Zoning Hearing Board shall also hear any other matters as set forth in the MPC, as amended.
E. 
Time limits for appeals. The applicable provisions of the MPC, as amended, shall apply.
F. 
Stay of proceedings. The stay of proceedings provisions of the MPC, as amended, shall apply.
G. 
Time limits on permits and approvals.
(1) 
After a variance is approved or other zoning approval is officially authorized, then any applicable zoning and building permits shall be secured by the applicant within 12 months after the date of such approval or authorization. The work authorized by such permits shall then be completed within 12 months after the issuance of the permits.
(2) 
Extension. In response to an applicant stating good cause in writing, the Zoning Officer may extend, in writing, the time limit for completion of work to a maximum total of 36 months after permits are issued.
(3) 
If an applicant fails to obtain the necessary permits or begin construction within the above time periods or allows interruptions in substantial construction of longer than 12 months, the Zoning Officer may conclusively presume that the applicant has waived, withdrawn or abandoned approvals and permits under this chapter and may consider all such approvals and permits to have become null and void.
H. 
Multiple and pending applications.
(1) 
Legislative intent. The consideration of multiple applications for a single property at the same time creates substantial additional administrative work for the Borough staff and the volunteer members of the Zoning Hearing Board. The Borough staff must maintain multiple files with differing time limits within which the Zoning Hearing Board is required to schedule hearings and render decisions. The Borough staff and the Zoning Hearing Board must also ensure that each submission, letter or other document is properly included in the record of one or more of the multiple application files, as appropriate. Documents which cannot be easily reproduced, such as plans, or documents which are bulky must be cross-referenced. The Borough incurs costs to store plans and other documentation associated with an application, which are increased by having to retain copies in each file and to cross-reference each application. The costs to the Borough which arise from multiple applications at one time relating to a single property are greater than the Borough's costs to administer single applications for various properties.
(2) 
Number of applications which may be pending. No more than one application for the same property shall be pending before the Zoning Hearing Board at any time. If an applicant files a second or subsequent application with the Zoning Hearing Board while an application for the same property is pending, the Zoning Hearing Board shall schedule a hearing for the second or subsequent application as required by the MPC and may deny the second or subsequent application for violation of this section, unless that applicant has, in writing, withdrawn the application for the property which was pending on the date the second or subsequent application was filed.
(3) 
Reconsideration. After the Zoning Hearing Board has rendered a decision or after a court of competent jurisdiction has rendered a final determination upon an appeal from a decision of the Zoning Hearing Board on an application for a special exception, the applicant and his successors and assigns shall not be permitted to file an application for a special exception under the same section of this chapter for a period of one year from the date of the decision of the Zoning Hearing Board or order of the court, whichever is later. Any reapplication for a special exception under the same section of this chapter shall be considered a request for a reconsideration of the Zoning Hearing Board's decision. The Zoning Hearing Board does not have jurisdiction to reconsider a decision. If an applicant files an application for such a reconsideration, whether or not the applicant terms his application a request for reconsideration, the Zoning Hearing Board shall schedule a hearing on the application for reconsideration in accordance with the requirements of the MPC and may deny the application for violation of this section and because the Zoning Hearing Board does not have such jurisdiction under MPC Section 909.1(a). Nothing contained herein shall prevent the Zoning Hearing Board from denying an application for a special exception, application for a variance, challenge to the validity of this chapter or appeal from a determination of the Zoning Officer based upon res judicata, collateral estoppel or other concepts of issue preclusion.
The following requirements shall apply to procedures, hearings and decisions of the Zoning Hearing Board:
A. 
Notice of hearings. Notice of all hearings of the Board shall be given as follows:
(1) 
Ad. Public notice shall be published, as defined by Section 107 of the MPC. The notice shall state the time and place of the hearing and the particular nature of the matter to be considered.
(2) 
Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The Borough staff shall post the property. It is the responsibility of the applicant to make sure that such notice remains posted until the hearing.
(3) 
Persons given notice. The Borough shall provide written notice to the applicant of the time and place of the hearing. The Borough should also provide notice to the President of Borough Council. In addition, the Borough should provide notice to the last known principal owner of record of each property that is immediately adjacent to or immediately across a street from the subject property; however, failure to provide such notice shall not be grounds for an appeal. Also, such notice shall be given to any other person or group (including civic or community organizations) who has made a written timely request for such notice. Any such notices should be mailed or delivered to the last known address.
B. 
Initiation of hearings. A hearing required under this chapter shall be initiated within 60 days of the date of an applicant's request for a hearing, unless the applicant has agreed in writing to an extension of time.
C. 
Decision/findings.
(1) 
The Board shall render a written decision on each application within 45 days after the last hearing on that application before the Board, unless the applicant has agreed in writing to an extension of time.
(2) 
Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for such conclusions.
(3) 
References shall be provided to the most pertinent section(s) of this chapter and/or the MPC.
D. 
Notice of decision. A copy of the final decision shall be personally delivered or mailed to the applicant or his/her representative at their last known address not later than the time limit established by the MPC, as amended.
E. 
State law. See also Section 908 of the MPC.
The provisions for appeals to court that are stated in the MPC, as amended, shall apply.
See the provisions of the MPC, as amended.
[Amended 5-1-2023 by Ord. No. 1-23]
Municipal uses shall be permitted as of right within all zoning districts. Municipal uses shall be exempted from minimum lot areas, minimum lot width, minimum lot depth, yard, impervious surface area, off-street parking and all other requirements of this chapter
A. 
Purpose. The special exception process is designed to allow careful review of uses that have some potential of conflicts with adjacent uses or areas.
B. 
Special exception procedure.
(1) 
See submission provisions in § 270-3.
(2) 
All site plans shall contain the information required in § 270-3D.
(3) 
The Zoning Officer should provide a review to the Board regarding the compliance of the application with this chapter.
(4) 
The Zoning Hearing Board shall follow the procedures provided in § 270-12.
C. 
Consideration of special exception applications. When special exceptions are provided for in this chapter, the Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with stated standards and criteria. The Zoning Hearing Board may grant approval of a special exception, provided that the applicant complies with the following standards for special exceptions. The burden of proof shall rest with the applicant.
(1) 
Compliance with this chapter. The applicant shall establish by credible evidence compliance with all conditions of the special exception enumerated in the section which gives the applicant the right to seek the special exception. The applicant shall provide the Zoning Hearing Board with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.
(2) 
Compliance with other laws. The applicant shall establish by credible evidence compliance with all applicable Borough, state and federal ordinances, statutes and regulations. The applicant shall provide the Zoning Hearing Board with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.
(3) 
Traffic and public services. The applicant shall establish by credible evidence that the proposed special exception shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of the application shall be accommodated in a safe and efficient manner or improvements made in order to effect the same. Similar responsibilities shall be assumed with respect to other public service systems, including, but not limited to, fire protection, parks and recreation and utilities.
(4) 
Site planning. The applicant shall establish by credible evidence that the proposed special exception shall be in and of itself properly designed with regard to internal circulation, parking, buffering, and all other elements of proper design as specified in this chapter and any other governing law or regulation.
(5) 
Neighborhood. The proposed special exception shall not substantially injure or detract from the use of neighboring property or from the desirable character of the neighborhood, and the use of property adjacent to the area included in the special exception application shall be adequately safeguarded.
(6) 
Safety. The applicant shall establish by credible evidence that the proposed use will not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
D. 
Conditions. In granting a special exception, the Zoning Hearing Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines are necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.
E. 
Expansion of preexisting uses authorized by special exception. When a use which was established prior to the enactment of this chapter or any amendment thereto is located in a zoning district where such use is permitted by special exception, such preexisting use shall be permitted to continue as of right. Any expansion or alteration of such preexisting use shall require the granting of a special exception by the Zoning Hearing Board, and the applicant for such special exception shall demonstrate compliance with all of the standards set forth in this chapter for the granting of a special exception for such use, if any, and with all of the general standards set forth in this chapter for all special exceptions.
[Added 9-13-2021 by Ord. No. 8-21]
A. 
Any review of activity within the floodplain, site plan review, subdivision or land development approval, erosion control review, wetland delineation review, stormwater runoff review, review of activity on steep slopes or any other review, approval or permit under this chapter by an officer, employee, board, commission, solicitor, consultant or agency of the Borough shall not constitute a representation, guarantee or warranty of any kind by the Borough or its employees, officials, boards, solicitor(s), consultants or agencies of the practicality or safety of any structure, use or subdivision and shall create no liability upon nor a cause of action against such entity or person for any damage that may result pursuant thereto.
B. 
If the Zoning Officer mistakenly issues a permit under this chapter, the Borough shall not be liable for any later lawful withdrawal of such permit.
A. 
Purpose. The conditional use approval process is designed to allow Borough Council the opportunity to review certain larger-scale residential development uses which will also come before Borough Council as part of the subdivision and land development approval process.
B. 
Procedure. Applications for conditional use approvals shall meet all requirements in the sections of this chapter which authorize such conditional use. Borough Council shall consider the conditional use application and render its decision in accordance with the requirements of the MPC.
C. 
Consideration of conditional use application. When a conditional use is provided for in this chapter, Borough Council shall hear and decide requests for such conditional uses in accordance with stated standards and criteria in the section of this chapter which authorizes such conditional use. Borough Council may grant approval of a conditional use, provided that the applicant complies with the express standards and the following standards for all conditional uses. The burden of proof shall rest with the applicant.
(1) 
Compliance with this chapter. The applicant shall establish by credible evidence compliance with all standards and criteria for the conditional use enumerated in the section which gives the applicant the right to seek the conditional use. The applicant shall provide Borough Council with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.
(2) 
Compliance with other laws. The applicant shall establish by credible evidence compliance with all applicable Borough, state and federal ordinances, statutes and regulations. The applicant shall provide Borough Council with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.
(3) 
Traffic and public services. The applicant shall establish by credible evidence that the proposed special exception shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of the application shall be accommodated in a safe and efficient manner or improvements made in order to effect the same. Similar responsibilities shall be assumed with respect to other public service systems, including but not limited to fire protection, utilities, parks and recreation.
(4) 
Site planning. The applicant shall establish by credible evidence that the proposed conditional use shall be in and of itself properly designed with regard to internal circulation, parking, buffering and all other elements of proper design as specified in this chapter and any other governing law or regulation.
(5) 
Neighborhood. The proposed special exception shall not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and the use of property adjacent to the area included in the special exception application shall be adequately safeguarded.
D. 
Conditions. Borough Council, in approving conditional use applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same district. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in this chapter.
E. 
Multiple and pending applications. Multiple and pending applications shall be subject to the provisions of § 270-11H of this chapter, substituting "Borough Council" for "Zoning Hearing Board" each time such phrase appears.
F. 
Modifications.
(1) 
Borough Council may, by conditional use approval, permit the modification of the provisions of this chapter which authorize the granting of the conditional use for cluster development, including, but not limited to, provisions relating to the percentage of types of dwelling units and the amount of commercial development, in order to encourage cluster development. A landowner desiring to obtain such conditional use approval shall, when making an application for the conditional use as required by this section, also make application for conditional use approval under this subsection. Borough Council shall consider both conditional use approval requests simultaneously. However, the granting of a modification shall not have the effect of making null and void the intent and purpose of the section authorizing cluster development. Any conditional use to permit a modification of the requirements governing cluster development shall be subject to the following standards. Borough Council may consider both conditional use approval requests separately or simultaneously. However, if a request for conditional use approval for modification(s) is granted under this subsection, the subsequent conditional use application as required for the cluster development under this section must be obtained within 180 days of granting of conditional use approval for modifications.
(a) 
The design and improvement of the development shall be in harmony with the purpose and intent of this chapter.
(b) 
The design and improvement of the development shall generally enhance the development plan or, in any case, not have an adverse impact on its physical, visual or spatial characteristics.
(c) 
The design and improvement of the development shall generally enhance the streetscape and neighborhood or, in any case, not have an adverse impact on the streetscape and neighborhood.
(d) 
The modification shall not result in configurations of lots or street systems which shall be impractical or detract from the appearance of the proposed development.
(e) 
The proposed modification shall not result in any danger to the public health, safety or welfare by making access to the dwellings by emergency vehicles more difficult, by depriving adjoining properties of adequate light and air or by violating the other purposes for which zoning ordinances are to be enacted under Section 604(1) of the MPC.
(f) 
Landscaping and other methods shall be used to ensure compliance with the design standards and guidelines of this chapter.
(g) 
The landowner shall demonstrate that the proposed modification will allow for equal or better results and represents the minimum modification necessary.
(2) 
If Borough Council determines that the landowner has met his burden, it may grant a modification of the requirements of this chapter. In granting modifications, Borough Council may impose such conditions as will, in its judgment, secure the objectives and purposes of this chapter.
This chapter shall be known and cited as the "Mount Joy Borough Zoning Ordinance of 2016."
Except as otherwise required by law, this chapter is intended as a continuation of, and not a repeal of, existing regulations governing the subject matter. To the extent that this chapter restates regulations contained in ordinances previously enacted by the Borough, this chapter shall be considered a restatement and not a repeal of such regulations. It is the specific intent of Borough Council that all provisions of this chapter shall be considered in full force and effect as of the date such regulations were initially enacted. All zoning ordinances or parts of zoning ordinances inconsistent with the provisions of this chapter are hereby repealed. It is expressly provided that the provisions of this chapter shall not affect any act done, contract executed or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted to enforce any rights, rule, regulation or ordinance, or part thereof, or to punish any violation which occurred under any prior zoning regulation or ordinance. In the event any violation has occurred under any prior zoning regulation or ordinance of Mount Joy Borough, prosecution may be initiated against the alleged offender pursuant to the provisions of said prior zoning regulation or ordinance, and the provisions and penalties provided in said prior zoning regulation or ordinance shall remain effective as to said violation.
In the event any provision, section, sentence, clause or part of this chapter shall be held to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such invalidity, illegality or unconstitutionality shall not affect or impair the remaining provisions, sections, sentences, clauses or parts of this chapter, it being the intent of Borough Council that the remainder of the chapter shall be and shall remain in full force and effect.