[Ord. 1973-8, 5/25/1973, § 101]
An ordinance permitting, prohibiting, regulating, restricting,
and determining the uses of land, watercourses, and other bodies of
water; the size, height, bulk, location, erection, construction, repair,
maintenance, alteration, razing, removal and use of structures; the
areas of and dimensions of land to be occupied by uses and structures
as well as court, yards, and other open spaces and distances to be
left unoccupied 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 Chapter,
including the imposition of penalties.
[Ord. 1973-8, 5/25/1973, § 102]
This Chapter shall be known and may be cited as the "Burnham
Borough Zoning Ordinance of 1973."
[Ord. 1973-8, 5/25/1973, § 103]
This Chapter has been prepared in accordance with the Burnham
Borough Comprehensive Development Plan of 1972, with consideration
for the character of the Borough, its various parts, and the suitability
of the various parts for the particular uses and structures, and is
enacted for the following purposes:
A.
To promote, protect, and facilitate one or more of the following:
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; as well as,
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.
[Ord. 1973-8, 5/25/1973, § 104; as amended by Ord.
1995-2, 3/14/1995]
In accordance with Article IX of Act 247 of 1968, as amended
by Act 170 of 1988 of the Commonwealth of Pennsylvania, a Zoning Hearing
Board is hereby created and shall have the number of members and such
powers and authority as set forth in said Acts and this Chapter. The
duly established Zoning Hearing Board may, from time to time, be herein
referred to as the Board and unless otherwise clearly indicated, the
term of "Board" shall refer to such Zoning Hearing Board.
[Ord. 1973-8, 5/25/1973, § 105]
In interpreting and applying the provisions of this Chapter,
they shall be held to be the minimum requirements for the promotion
of health, safety, morals, and the general welfare of the Borough
and its citizens. It is not intended by this Chapter to interfere
with or abrogate or annul any rules or regulations previously adopted
or permits previously issued by the Borough which are not in conflict
with any provisions of this Chapter, nor is it intended by this Chapter
to interfere with or abrogate or annul any easements, covenants, building
restrictions, or other agreements between parties; provided, however,
that where this Chapter imposes a greater restriction upon the use
of the buildings or premises or upon the height of the building, or
requires a larger open space than is imposed or required by such ordinance,
rules, regulations or permits, or by easements, covenants, building
restrictions or agreements, the provisions of this Chapter shall control.
[Ord. 1973-8, 5/25/1973, § 106]
Whenever, in any District established under this Chapter, a
use is neither specifically permitted nor denied and an application
is made by a property owner to the Zoning Officer for such use, the
Zoning Officer shall refer the application to the Zoning Hearing Board
which shall have the authority to permit the use or deny the use.
The use may be permitted if it is similar to and compatible with permitted
uses in the district and in no way is in conflict with the general
purpose and intent of this Chapter.
[Ord. 2007-3, 8/6/2007]
The Burnham Borough Zoning Ordinance of 1973, as amended, shall
not apply to any lot, or to any existing or proposed building or extension
thereof, used or to be used by the Borough of Burnham if the Borough
Council shall, after a public hearing, determine that the use of the
lot or the lot, or the existing or proposed building or extension
thereof, is reasonably necessary for the convenience or welfare of
the public.
[Ord. 1973-8, 5/25/1973, § 107; as amended by Ord.
2007-3, 8/6/2007]
This Chapter shall take effect on the first day of June 1973.
