[Ord. 1112, 1/19/2010]
This chapter shall be known as and may be cited as the "Borough
of Mechanicsburg Zoning Ordinance." Said chapter shall not supersede
any other related state or federal provisions. The effective date
of the chapter shall be upon its adoption.
[Ord. 1112, 1/19/2010]
This chapter is enacted and ordained under the grant of powers
by the General Assembly of the Commonwealth of Pennsylvania, Act 247,
the Pennsylvania Municipalities Planning Code, July 31, 1968, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. 1112, 1/19/2010]
A.
This chapter is enacted for the following purposes:
(1)
To promote, protect and facilitate one or more of the following:
the public health, safety, morals, and general welfare; coordinated
and practical community development; proper density of population;
emergency preparedness; disaster evacuation; the provision of adequate
light and air; police protection; vehicle parking and loading space;
transportation; water; sewerage; schools; public grounds; and other
public requirements.
(2)
To prevent one or more of the following: overcrowding of land;
blight; danger and congestion in travel and transportation; and loss
of health, life or property from fire, flood, panic or other dangers.
(3)
To promote and to foster the community development goals and
objectives, including quality infill, replacement, redevelopment and/or
adaptive reuse, as identified in the Mechanicsburg Borough Comprehensive
Plan, as amended.
B.
This chapter is made in accordance with an overall program and with
consideration for the character of the Borough, its various parts,
and the suitability of the various parts for particular uses and structures.
[Ord. 1112, 1/19/2010]
In interpreting and applying this chapter, its provisions shall
be held to be the minimum requirements for promotion of the health,
safety, morals, and general welfare of the Borough. Any use permitted
subject to the regulations prescribed by the provisions of this chapter
shall conform with all regulations and is not intended to interfere
with, abrogate, annul, supersede or cancel any reservations contained
in deeds or other agreements; but if the chapter imposes more-stringent
restrictions upon the use of buildings, structures and land than are
contained in the deeds or agreements, the provisions of this chapter
shall control. In interpreting the language of this chapter to determine
the extent of the restriction upon the use of property, the language
shall be interpreted, where doubt exists as to the intended meaning
of the language written and enacted by Mechanicsburg Borough, in favor
of the landowner and/or developer and against any implied extension
of the restriction.
[Ord. 1112, 1/19/2010]
The provisions, regulations, limitations and restrictions of
this chapter shall apply to all structures, buildings, uses, signs
and land and their accessory structures, buildings, uses and signs.
Notwithstanding the foregoing, the requirements of this chapter shall
not apply to land, uses, services or structures owned by the Borough
of Mechanicsburg, nor to land, uses or structures owned by those municipal
authorities authorized or created by it to provide governmental or
public health and safety services. Further, the requirements of this
chapter do not apply to private uses permitted by the Borough of Mechanicsburg,
or its authorized municipal authorities, to be conducted on, upon,
or in Borough/Authority land or structures. In any instance in which
applicable zoning provisions would be violated but for the exemption
provided herein, the Borough Council shall provide at least 21 days'
prior written notice to the owners of property within 200 feet of
the exempt tract.
[Ord. 1112, 1/19/2010]
It is not intended by this chapter to repeal, abrogate, annul, other than as enumerated in § 27-107 herein, or interfere with any existing ordinance or enactment or with any rule, regulation, or permit adopted or issued. If this chapter imposes greater restrictions upon the use of buildings or land, then the provisions of this chapter shall control.
[Ord. 1112, 1/19/2010]
Ordinance No. 973, as amended, is hereby expressly repealed;
provided, further, that nothing in this chapter shall be construed
to affect any suit or proceeding pending in any court, or any rights
acquired or liability incurred, or any permit issued or approval granted
or any cause or causes of action arising prior to the enactment of
this chapter. All ordinances or parts of ordinances and all resolutions
or parts of resolutions which are inconsistent herewith by virtue
of references or incorporation of requirements contained in the preexisting
Zoning Ordinance, as amended, shall, as nearly as possible, be construed
to reference this chapter.
[Ord. 1112, 1/19/2010]
Should any section or provision of this chapter be declared
by the courts to be unconstitutional or invalid, such a decision shall
not affect the validity of this chapter as a whole or any part thereof
other than the part declared to be unconstitutional or invalid.
