This chapter shall be known and may be cited as the "Borough
of Sellersville Zoning Ordinance of 1993."
This chapter requires that, within the Borough of Sellersville,
in the County of Bucks and the Commonwealth of Pennsylvania, no land,
body of water or structure shall hereafter be used or occupied and
no structure or part thereof shall hereafter be erected, constructed,
reconstructed, moved or structurally altered unless in conformity
with all the regulations and procedures herein specified for the district
in which such land, body of water or structure is located.
[Amended 7-7-1997 by Ord. No. 604]
The Bucks County Planning Commission is empowered under Sections
304, 607 and 609 of the Pennsylvania Municipalities Planning Code
(Act 247)[1]to submit its recommendations on the proposed adoption,
amendment or repeal of any municipal zoning ordinance or part thereof.
Proposals for the adoption of any zoning ordinance shall be submitted
by the Borough Council to the Bucks County Planning Commission at
least 45 days in advance of any required public hearing, and proposals
for any amendments to or the repeal of any zoning ordinance shall
be submitted by the Borough Council to the Bucks County Planning Commission
at least 30 days in advance of any required public hearing. If the
Planning Commission fails to act within 45 days, then the Borough
Council may proceed without its recommendation.
[1]
Editor's Note: See 53 P.S. §§ 10304, 10607
and 10609.
The zoning regulations and districts herein set forth have been
made in accordance with the Comprehensive Plan and are designed to:
A.
Promote, protect and facilitate the public health, safety, morals,
general welfare, coordinated and practical community development,
proper density of population, civil defense, disaster evacuation,
airports and national defense facilities, the provisions of adequate
light and air, police protection, vehicle parking and loading space,
transportation, water, sewerage, schools, public grounds and other
public requirements.
B.
Prevent 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.
Facilitate the appropriate development and redevelopment of the Borough
and protect the tax base and encourage economy in public expenditures.
This chapter provides a legal basis and framework for future
Borough development and redevelopment. Its provisions are guided by
the policies and proposals contained within the current Sellersville
Borough Comprehensive Plan.
A.
Enforcement notice.
(1)
The Zoning Officer is hereby authorized and directed to enforce the provisions of this section and to institute civil enforcement proceedings as provided in Subsection B when acting within the scope of his employment.
(2)
If it appears that a violation of this chapter has occurred, the
Zoning Officer shall initiate enforcement proceedings by sending an
enforcement notice to the owner of record of the parcel on which the
violation has occurred, to any person who has filed a written request
to receive enforcement notices regarding that parcel and to any other
person requested, in writing, by the owner of record.
(3)
An enforcement notice shall state the following:
(a)
The name of the owner of record and any other person against
whom the Borough intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation, with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(d)
That the owner of record or other person against whom the Borough
intends to take action has 15 days to commence steps to comply with
this chapter and 30 days within which to complete such steps to be
in compliance with this chapter, unless such times are extended, in
writing, by the Zoning Officer, for cause shown.
(e)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within 30 days of the date of the enforcement
notice or not later than the expiration of any extension granted,
in writing, by the Zoning Officer.
(f)
That the failure to comply with the enforcement notice within
the time specified, unless extended by appeal to the Zoning Hearing
Board, constitutes a violation with sanctions clearly described.
B.
Enforcement remedies. Any person who, or entity which, has violated
any of the provisions of this chapter shall, in addition to any other
damages, remedies, or relief authorized by law, be liable to the Borough
of Sellersville for a civil penalty not to exceed $600 per violation
plus court costs and reasonable attorneys' fees incurred by the Borough
of Sellersville. Violations of more than one provision of this chapter
shall constitute separate violations. Each day that a violation of
any provision of this chapter continues or occurs shall constitute
a separate violation. Nothing contained in this section shall be construed
or interpreted to grant any person or entity, other than the Borough
of Sellersville, the right to commence any action for the violation
of this chapter.
[Amended 10-12-2015 by Ord. No. 703]
Whenever the requirements of this chapter are at variance with
the requirements of any lawfully adopted rules, regulations or ordinance,
the most restrictive or that imposing the higher standards shall govern.
A.
Uniformity. Nothing in this chapter shall be construed as establishing
regulations or restrictions which are not uniform for each class or
kind of buildings, structures or land and for each class or kind of
use in each district.
B.
Unsafe conditions. Nothing in this chapter shall prevent compliance
with an order by an appropriate authority to correct, improve or strengthen
or restore to a safe condition any structure or any part of a structure
declared unsafe.
The Sellersville Borough Zoning Ordinance of 1980, enacted and
ordained on November 10, 1980, and subsequently amended, is hereby
repealed. Such repeal shall not affect the applicability of preexisting
provisions that regulate previously submitted zoning applications
or scheduled hearings; provided, however, that if this chapter is
held to be ineffective or invalid by reason of an irregularity in
or impediment to its passage, this repealer shall also be ineffective
as aforesaid; then and in that event, the Sellersville Borough Zoning
Ordinance of 1980, as amended, shall remain in full force and effect.
