This chapter shall be known and may be cited as the "Pennsburg
Borough Zoning Ordinance of 1995."
The effective date of this chapter shall be 10 days after the
adoption of this chapter as required by law, and the use of all land
and every building or portion of a building or structure erected,
altered with respect to height and area, added to, or relocated, and
every use within a building or use accessory thereto, and any district,
shall be in conformity with the provisions of this chapter.
This chapter is in accordance with a Comprehensive Plan and
is designed to promote the health, safety, morals and general welfare
of the Borough. This chapter is enacted to lessen congestion on the
roads and streets; to secure safety from fire, panic, and other dangers;
to provide adequate light and air; to prevent the overcrowding of
land; to avoid undue concentration of population; to facilitate adequate
provisions for transportation, water, sewerage, schools, parks, and
other services and facilities; to conserve the value of buildings
and properties; and to encourage the most appropriate use of land
throughout the Borough of Pennsburg.
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the public health, safety, morals, and general welfare. Where the
provisions of this chapter impose greater restrictions than those
of any statute, other ordinance or regulation, the provisions of this
chapter shall be controlling. Where the provisions of any statute,
other ordinance or regulation impose greater restrictions than this
chapter, the provisions of such statute, other ordinance or regulation
shall be controlling.
The Borough of Pennsburg, which has an adopted Comprehensive
Plan to guide the orderly growth and development of the Borough, intends
this Zoning Ordinance to implement the following community development
objectives which have been adopted by the Borough Council of Pennsburg:
A. Growth. Pennsburg Borough is a developed community with an established
character that should be preserved. All future growth, whether by
infilling of remaining vacant land or by redevelopment, should occur
in an orderly and controlled manner that is consistent with the scale
and character of the Borough.
B. Land use. Pennsburg Borough has a wide variety of land uses, including
a strong residential character. The Borough should preserve and protect
the character, stability, and value of land and buildings.
C. Housing. The Borough has a diverse housing mix, with many types,
densities, and appearances. The integrity of established residential
neighborhoods should be protected. Infill housing should complement
the existing neighborhoods. New development should provide adequate
off-street parking, recreation facilities, and open space.
D. Commerce. Future commercial development should respect surrounding
residential neighborhoods. In the Borough, small-scale commercial
activities should mix with residences in certain areas such as Main
Street. Larger-scale, auto-oriented uses should generally be restricted
to the shopping center, and their deleterious effects (such as traffic
and noise) should be limited.
E. Industry. The existing industry in the Borough should be adequately
regulated so that it may remain and its noise, odors or other unwanted
features can be minimized.
F. Institutions. The many institutions in the Borough are part of the
community and should be encouraged to remain and yet be respectful
to surrounding residential neighborhoods.
G. Transportation. The Borough should strive for the best possible relationship
between land use and transportation. The public thoroughfares of the
Borough should be safe and efficient for all vehicles, pedestrians,
and bicyclists.
H. Community facilities and services. The present level of community
services should be expanded and improved. The Borough should have
appropriate open spaces, recreation facilities, opportunities for
education and enrichment, and health and safety services.
I. Intergovernmental cooperation and implementation. The Borough should
cooperate with other communities on regional affairs. The Comprehensive
Plan should guide growth through a strong program of planning with
active citizen participation.
J. Environment. Borough regulations should maintain a high standard
of air and water quality and protect the natural resources, including
stream valleys and floodplains. The appearance of the Borough should
be improved through appropriate sign regulation, landscaping, and
design controls.
It is not intended for this chapter to repeal, abrogate, annul,
or interfere with any existing ordinance or enactment, or with any
rule, regulation, or permit adoption issued thereunder, except insofar
as the same may be inconsistent or in conflict with any of the provisions
of this chapter; provided that, where this chapter imposes greater
restrictions upon the use of buildings or land, or upon the height
and bulk of buildings, or prescribes larger open spaces than are required
by the provision of such ordinance, enactment, rule, regulation, or
permit, then the provisions of this chapter shall control.
Should any section of this chapter be declared by a court of
competent jurisdiction to be invalid, such decision shall not affect
the validity of this chapter as a whole, or any other part thereof.
All ordinances or parts of ordinances inconsistent with this
Zoning Ordinance are hereby repealed.