This chapter shall be known and may be cited as the "Tyrone 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 "Tyrone Borough Zoning Map" hereinafter referred to as the "Zoning Map."[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
This chapter shall become effective on __________, 2007.[1] Enactment by the Council of the Borough of Tyrone, County of Blair, 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.[2]
[1]
Editor's Note: So in original. Zoning Ordinance adopted 10-8-2007.
[2]
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, loss of health, life or property from fire, flood, panic or other dangers.
C. 
To advance the purposes and goals of the Borough as set forth in the Tyrone Borough Comprehensive Plan Update: 2006-07.
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 redevelopment, including population and employment growth, and opportunities for development of a variety of residential dwelling types, commercial development and industrial development.
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.
D. 
Floodplain regulations. All structures, land areas and/or premises which are located in areas identified as floodplain by the National Flood Insurance Program are subject to the regulations of Chapter 99, Floodplain Regulations, as amended.
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.