"An ordinance repealing the prior ordinance and permitting,
prohibiting, regulating, restricting, and determining the uses of
land, watercourses, and other bodies of water; the size, height, bulk,
location, erection, construction, alteration and use of structures;
the areas and dimensions of land to be occupied by uses and structures;
the density of population and intensity of use; the location and size
of signs; creating zoning districts and establishing the boundaries
thereof; creating the office of Zoning Officer; creating a Zoning
Hearing Board; and providing for the administration, amendment and
enforcement of the ordinance, including the imposition of penalties."
This chapter shall be ordained and enacted by the Borough Council
of the Borough of Mount Union, County of Huntingdon, by authority
of and pursuant to the provisions of the Pennsylvania Municipalities
Planning Code, Act No. 247 of 1968, P.L. 805, as amended by Act No.
93 of 1972.
This chapter shall be known and may be cited as the "Mount Union
Borough Zoning Ordinance." It is also hereinafter referred to as the
"Zoning Ordinance."
This chapter has been prepared in accordance with the Mount
Union Borough Comprehensive Development Plan, with consideration for
the character of the municipality, its various parts, and the suitability
of the various parts for the particular uses and structures, and is
enacted for the purpose of promoting public health, safety, morals
and general welfare according to the following goals:
A. To achieve the best and most efficient use of all land within the
Borough.
B. To insure that the entire Borough benefits from the renewal and community
development programs.
C. To enhance the role of the CBD (Central Business District) as the
focus of commercial activities in the Borough.
D. To undertake activities of physical improvement that will create
a better community identity, improve the attractiveness of the Borough
as a place to live and reverse the declining population trends through
increased housing opportunities and as improved housing stocks.
E. To provide adequate community facilities and services to meet the
needs of the residents.
F. To provided adequate flood controls in remaining unprotected areas.
G. To guide local citizen participation in decisionmaking.
In interpreting and applying the provisions in this chapter,
they shall be held to be the minimum requirements adopted for the
promotion of the health, safety, and the general welfare of the Borough
and its citizens. Where the provisions of any statute, other ordinance
or regulation impose greater restrictions than this chapter, the provisions
of such statute, ordinance or regulation shall be controlling. Where
any typographical errors or omissions are found, the interpretation
shall be in accordance with the overall intent of the requirement
of that section or subsection.
It is hereby declared to be the legislative intent that:
A. If a court of competent jurisdiction declares any provision of this
chapter to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this chapter shall continue to be separately and fully
effective.
B. If a court of competent jurisdiction finds the application of any
provision or provisions of this chapter to any lot, building, or other
structure, or tract of land, to be invalid or ineffective, in whole
or in part, the effect of such decisions shall be limited to the person,
property, or situation immediately involved in the controversy, and
the application of any such provision to other persons, property,
or situations shall not be affected.
This chapter shall not apply to any existing or proposed building,
or extension thereof, used or to be used by a public utility corporation
if, upon petition of the corporation, the Pennsylvania Public Utility
Commission shall, after a public hearing, decide that the present
or proposed situation of the building in question is reasonably necessary
for the convenience or welfare of the public.
This chapter specifically repeals Zoning Ordinance No. 402,
adopted July 1956, and all amendments thereto.