[Ord. 766, 5/16/1996, § 20.0]
For the administration of this chapter, a Zoning Officer, who
may not hold any elective office in the Borough, shall be appointed.
The Zoning Officer shall administer this chapter in accordance with
its literal terms, and shall not have the power to permit any construction
or any use or change of use which does not conform to this chapter.
A. The Zoning Officer shall:
(1)
Administer this chapter in accordance with its literal terms.
(2)
Identify and register nonconforming uses and nonconforming structures.
(3)
Receive and examine all applications required under the terms
of this chapter.
(4)
Issue or refuse permits within 15 days of the receipt of the
application, except as specifically provided for in this chapter.
(5)
Receive complaints of violations of this chapter.
(6)
Issue a written notice of violation to any person violating
any provision of this chapter.
(7)
Keep records of applications, permits and certificates issued,
of variances granted by the Board, of complaints received, of inspections
made, of reports rendered, and of notice or orders issued.
(8)
Make all required inspections and perform all other duties as
called for in this chapter.
B. The Zoning Officer shall not have the power to permit any construction,
use or change of use which does not conform to this chapter.
[Ord. 766, 5/16/1996, § 20.1; as amended by Ord.
808, 4/20/2000, § 1; and by Ord. 889, 9/20/2007, § 1]
1. Duty of Zoning Officer. It shall be the duty of Zoning Officer, and
he is hereby given the power and authority to enforce the provisions
of this chapter. The Zoning Officer shall examine all applications
for permits, issue permits for construction and uses which are in
accordance with the requirements of this chapter, record and file
all applications for permits with accompanying plans and documents,
and make such reports as the Borough Council may require. Permits
for construction and uses which are a special exception, or a variance
to requirements of this chapter shall be issued only upon approval
by the Zoning Hearing Board.
2. Violations. The construction, excavation alteration, maintenance
or use of any structure, building sign, land or landscaping or the
change of use, area of use, percentage of use or displacement of the
use of any structure, building, sign, land or landscaping without
first obtaining a zoning permit; or the use of any building, structure,
sign or land without receipt of a certificate of use and occupancy;
or the use or maintenance of any building, structure, sign or land
for a use or in a manner which is not in accordance with the provisions
of this chapter; or the use of property for use different from that
set forth in any zoning permit or certificate of use and occupancy
which has been granted for the property without applying for and being
granted a zoning permit and certificate of use and occupancy for such
new or different use; or the failure to comply with any other provision
of this chapter; or the violation of any conditions imposed upon the
grant of a special exception or variance by the Zoning Hearing Board
or a conditional use by the Borough Council or by a court of competent
jurisdiction of a special exception, variance or conditional use is
granted by such court are hereby declared to be violations of this
chapter.
3. Enforcement Notice. If it appears to the Zoning Officer that a violation
of this chapter shall exist, the Zoning Officer shall send an enforcement
notice (also known as a "notice of violation and cease and desist
order") to the owner of record of the lot on which the violation has
occurred, to any person who has filed a written request to receive
enforcement notices regarding that lot, to any other person requested
in writing by the owner of record, and to any person against whom
the Borough may bring an enforcement action. The enforcement notice
shall contain the name of the owner of record and any other person
against whom the Borough may take action, the location of the property
in violation, the specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter, the date before which steps for compliance must be
commenced and the date before which the steps must be completed, that
the recipient of the enforcement notice has the right to appeal to
the Zoning Hearing Board within 30 days, and that a failure to comply
with the notice within the time specified, unless extended by an appeal
to the Zoning Hearing Board, constitutes a violation with sanctions
as provided in this chapter.
4. Enforcement Action. If the enforcement notice is not promptly complied
with, the Zoning Officer, following consultation with the Borough
Council and/or the Borough Solicitor, shall be authorized to institute
an appropriate action or proceeding at law or in equity to prevent,
restrain, correct, or abate such violation or to require the removal
or termination of the unlawful use of the structure, building, sign,
landscaping or land in violation of the provisions of this chapter
or the order or direction made pursuant thereto. The Zoning Officer,
following consultation with Borough Council and/or Borough Solicitor,
shall also be authorized to institute a civil enforcement proceeding
before a District Justice.
5. Penalties. Any person who has violated or permitted the violation
of the provisions of this chapter shall, upon being found liable therefore
in a civil enforcement proceeding commenced by the Borough, pay a
judgment of not more than $500 plus all court costs, including the
reasonable attorney's fees incurred by the Borough as a result thereof.
No judgment shall commence or be imposed, levied or be payable until
the date of the determination of a violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the
Borough may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless a District Justice determining that there
has been a violation further determines that there was a good faith
basis for the person violating this chapter to have believed that
there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the District Justice,
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorneys'
fees collected for the violation of this chapter shall be paid over
to the Borough for the general use of the Borough.
6. Remedies. In case any building, structure, sign or landscaping is
erected, constructed, reconstructed, altered, repaired, converted
or maintained; or any building, structure sign or land is used; or
any hedge, shrub, tree or other growth is maintained in violation
of this chapter or of any of the regulations made pursuant thereto
or any of the permits or certificates of use and occupancy issued
under this chapter, or any conditions imposed upon the grant of a
special exception or variance by the Zoning Hearing Board or upon
the grant of a conditional use by the law, any appropriate action
or proceeding may be instituted or taken to prevent or restrain such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use or to prevent any illegal act, conduct,
business or use in and about such premises.
[Ord. 766, 5/16/1996, § 20.2; as amended by Ord.
882, 2/15/2007]
1. Requirement of Permit. A building and/or zoning permit shall be required
prior to the erection, addition or alteration of any building or portion
thereof; prior to the use or change in use of a building or land;
and prior to the change or extension of a nonconforming use. It shall
be unlawful for any person to commence work for the erection or alteration
of any building or for a change in land use until a permit has been
duly issued therefor.
A. Placement of fences, walls and signs require permits, and the regulations regarding fences are provided in § 1302, Subsection
5, and for signs in § 1701.
B. Placement of driveways, or expansion of dimensions of existing driveways,
shall require a permit and shall be subject to the regulations regarding
driveways set forth in § 1323.
C. Placement of any dumpster in the street, municipal right-of-way or any lot shall be subject to the provisions of § 1317D and the Refuse and Recycling Ordinance, Chapter
20.
D. No permit shall be required for maintenance of any building or structure,
as that term is defined in this chapter, except as otherwise provided
by State law.
2. Application for Permits. All applications for permits shall be accompanied
by plans in duplicate, drawn to scale, showing the actual shape and
dimensions of the lot to be built upon, the exact size and location
of any buildings existing on the lot, the lines within which the proposed
building or structure shall be erected or altered, the existing and
intended use of each building or part of a building, the number of
families or dwelling units the building is designed to accommodate
and such information as may be necessary to determine compliance with
this chapter and all other ordinances. One copy of such plans shall
be returned to the owner when such plans have been reviewed and acted
upon by the Zoning Officer. All applications with accompanying plans
and documents shall become a public record after a permit is issued
of denied.
3. Issuance of Permits.
A. No permit shall be issued until the Zoning Officer has certified
that the proposed building, addition or alteration complies with all
the provisions of this chapter, as well as the provisions of all other
applicable ordinances.
B. Zoning Officer shall act upon request within 30 days following application.
C. A permit issued hereunder shall become void 12 months after issuance
date, unless a request for extension has been submitted to and approved
by the Zoning Officer. Such request shall be files with the Zoning
Officer at least 30 days prior to the permit expiration date.
4. Temporary Permits. A temporary permit may be authorized by the Zoning
Officer for a structure or use which it deems necessary to promote
the proper development of the community, provided that such nonconforming
structure or use shall be completely removed upon expiration of the
permit without cost to the Borough. Such permits shall be issued for
a specified period of time not to exceed one year, and may be renewed
annually for an aggregate period not exceeding two years.
5. A variance, special exception, or conditional use for which a building
permit will be issued shall not be transferable to a subsequent owner
in the event that the erection, construction, reconstruction, or alteration
authorized has not been completed prior to transfer. Conditional use
approvals, special exception use approvals, and use variances are
not transferable to a subsequent owner.
[Ord. 766, 5/16/1996, § 20.3]
1. The Borough Council shall establish a schedule of fees, charges and
expenses, as well as a collection procedure for zoning permits, certificates
of occupancy, appeals, variances, special exceptions, amendments,
bonds and other matters pertaining to this chapter. The schedule of
fees shall be posted in the office of the Zoning Officer, and may
be amended only by Borough Council.
2. Such fees shall be payable to the Borough and until all applicable
fees, charges and expenses have been paid in full, the application
shall be considered incomplete and no action shall be taken on any
application or appeal.
[Ord. 766, 5/16/1996, § 20.4; as amended by Ord.
829, 11/15/2001; and by Ord. 946, 3/21/2013]
1. Appointment.
A. The Zoning Hearing Board shall continue, with three members appointed
by the Borough Council, and have such powers and authority as set
forth in Article IX, Pennsylvania Municipalities Planning Code (Act
247), as amended. The duly established Zoning Hearing Board shall
have the following functions.
B. Members of the Board shall hold no other office in the Borough.
2. Vacancies.
A. The Board shall promptly notify Borough Council of any vacancies
which occur.
B. Appointments to fill vacancies shall be only for the unexpired portion
of a term.
3. Removal.
A. Any Board member may be removed for just cause by a majority vote
of Borough Council, if the member has received 15 days notice of the
intent to take such a vote.
B. A hearing shall be held in connection with the vote, if the member
so requests it in writing.
4. Organization.
A. The Board shall elect officers from its own membership. Officers
shall serve annual terms and may succeed themselves.
B. For the conduct of any hearing and taking of any action, a quorum
shall be not less than majority of all members of the Board, but the
Board may appoint a hearing officer from its own membership to conduct
any hearing on its behalf, and parties may waive further action by
the Board.
C. The Board may make, alter and rescind rules and forms for its procedure,
consistent with all applicable Borough ordinances and laws of the
Commonwealth.
5. Expenditures.
A. Within the limits of funds appropriated by Borough Council, the Zoning
Hearing Board may employ or contract for secretaries, clerks, legal
counsel, consultants and other technical and clerical services.
B. Members of the Board may receive compensation for the performance
of their duties, as may be fixed by Borough Council, but in no case
shall it exceed the rate of compensation authorized to be paid to
the members of Borough Council.
6. The Zoning Hearing Board shall have jurisdiction as set forth in
Article IX of the Municipalities Planning Code and/or any State law or municipal ordinance promulgated
by legislative enactment and/or case law transmitted by a judicial
decision from any court of competent jurisdiction.
[Ord. 766, 5/16/1996, § 20.5]
1. An appeal, or application for an amendment, special exception, conditional
use or variance from the terms of this chapter shall be filed with
the Zoning Officer and shall contain:
A. The name and address of the applicant.
B. The name and address of the owner of the real estate to be affected
by such proposal.
C. A brief description and location of the real estate to be affected
by such proposal.
D. A statement of the present zoning classification of the real estate
in question, the improvements thereon, and the present use thereof.
E. A statement of the section of this chapter under which the appeal
or application requested may be allowed, and reasons why it should
be granted; or a statement of the section of this chapter governing
the situation in which the alleged erroneous ruling is being appealed,
and reasons for the appeal.
F. An accurate description of the present improvements and the additions
intended to be made under this application, indicating the size and
use of such proposed improvements and general construction thereof.
In addition, there shall be attached a plot plan of the real estate
to be affected, as required to accompany applications for permits,
indicating the location and size of the lot and location of improvements
now erected, and proposed to be erected thereon.
G. Any other pertinent data required by the Zoning Hearing Board, Borough
Council, and/or Zoning Officer, as appropriate to their individual
authorities set forth in this Part.
[Ord. 766, 5/16/1996, § 20.6A; as amended by Ord.
882, 2/15/2007]
1. Where provided for in this chapter, the Zoning Hearing Board shall
hear and decide requests for special exceptions in accordance with
stated standards and criteria. In granting a special exception, the
Board may attach such reasonable conditions and safeguards, in addition
to those expressed in this chapter, as it may deem necessary to implement
the purposes of the Pennsylvania Municipalities Planning Code, Act
247, as amended in this chapter. The Board may grant approval of a
special exception provided that the applicant complies with the following
standards for special exceptions and that the proposed special exception
shall not be detrimental to the health, safety or welfare of the neighborhood.
2. Standards.
A. The applicant shall provide evidence of compliance with all conditions
for such special exception as provided for in Part 14.
B. The applicant shall provide evidence that the proposed special exception
shall be properly serviced by existing streets. The peak traffic generated
by the use shall be accommodated in a safe and efficient manner or
improvements made in order to effect the same.
(1)
For industrial and commercial special exception applications,
the applicant shall demonstrate, through the use of traffic studies
or other applicable data, that the granting of the special exception
shall not increase traffic congestion on streets within the Borough.
C. The applicant shall provide evidence that the proposed special exception
shall be properly served by utilities, police protection, fire protection
and parts and recreation facilities.
D. The applicant shall submit a site plan drawn to a scale of not more
than 100 feet to one inch containing the following information:
(1)
Location of all existing floodplains, watercourses, wetlands,
rights-of-way, easements, areas of subsidence, wooded areas and other
significant natural features on the tract.
(2)
The location of all streets, adjacent tracts and buildings within
200 feet of the tract.
(3)
Location of all proposed land uses including residential uses
by type.
(4)
Number of proposed lots and/or dwelling units or nonresidential
structures and lot sizes.
(5)
Location of public water and sewer lines.
(6)
All proposed site grading and drainage provisions.
(8)
Certification of site plan by professional engineer/surveyor.
(9)
Certification of ownership and acknowledgment of plans signed
by owner.
E. The applicant shall provide the Board with sufficient plans, studies
or other data to demonstrate compliance with all applicable regulations.
F. The proposed special exception shall not significantly detract from
the use of neighboring properties or from the character of the neighborhood
and that the use of adjacent property is adequately safeguarded.
G. Unless otherwise specified by the Board or by law, a special exception
shall expire if the applicant fails to obtain a zoning permit within
one year from the date of authorization thereof by the Board or by
the court if such special exception has been granted after an appeal
or fails to complete any erection, construction, reconstruction, alteration
or change in use authorized by the special exception within two years
from the date of authorization thereof by the Board or by the court
if such variance has been granted after an appeal. The Board may,
for reasonable cause, extend the approval for an additional period
of up to one year upon the written request by the applicant.
H. A variance, special exception, or conditional use for which a building
permit will be issued shall not be transferable to a subsequent owner
in the event that the erection, construction, reconstruction, or alteration
authorized has not been completed prior to transfer. Conditional use
approvals, special exception use approvals, and use variances are
not transferable to a subsequent owner.
[Ord. 766, 5/16/1996, § 20.6B; as amended by Ord.
882, 2/15/2007]
The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. Application for said variance shall be
made in accordance with this chapter. The Zoning Hearing Board may
grant a variance, provided the following findings are made where relevant
in a given case:
A. That there are unique physical circumstances or conditions, including
irregularity, narrowness or shallowness of lot size or shape, or exceptional
topographical or other physical conditions peculiar to the particular
property, and that the unnecessary hardship is due to such conditions
and not the circumstances or conditions generally created by the provisions
of this chapter in the district which the property is located.
B. That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this chapter and that the authorization of
a variance is therefor necessary to enable the reasonable use of the
property.
C. That such unnecessary hardship has not been created by the appellant.
D. That the variance, if authorized, will not alter the essential character
of the district in which the property is located, not substantially
or permanently impair the appropriate use or development of adjacent
property, not be detrimental to the public welfare.
E. That the variance, if authorized, will represent the minimum variance
that will afford relief and represent the least modification possible
of the regulation in issue.
F. In granting any variance, the Zoning Hearing Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this chapter.
G. Unless otherwise specified by the Board or by law, a variance shall
expire if the applicant fails to obtain a zoning permit within one
year from the date of authorization thereof by the Board, or by the
court if such variance has been granted after an appeal, or fails
to complete any erection, construction, reconstruction, alteration
or change in use authorized by the variance within two years from
the date of authorization thereof by the Board, or by the court if
such variance has been granted after an appeal. The Board may, for
reasonable cause, extend the approval for an additional period of
up to one year, upon the written request by the applicant.
H. A dimensional variance, special exception, or conditional use for
which any permit and/or license shall be required from the Borough
to be issued to an applicant shall not be transferrable in the event
that the erection, construction, reconstruction, or alteration authorized
has not been completed prior to transfer. Conditional use approvals,
special exception use approvals, and approved use variances are not
transferrable to a subsequent owner.
[Amended by Ord. 975, 6/16/2016]
[Ord. 766, 5/16/1996, § 20.7; as amended by Ord.
882, 2/15/2007]
1. All appeals from a decision of the Zoning Officer and applications
to the Board shall be in writing on forms prescribed by the Board.
2. Every appeal or application shall include the following:
A. The name and address of the applicant, or appellant.
B. The name and address of the owner of the property to be affected
by such proposed change or appeal.
C. A brief description and location of the property to be affected by
such proposed change or appeal.
D. A statement of the present zoning classification of the property
in question, the improvements thereon and the present use thereof.
E. A statement of the section of this chapter under which the appeal
is made and reasons why it should be granted, or a statement on the
section of this chapter governing the situation in which the alleged
erroneous ruling is being appealed and the reasons for this appeal.
F. A reasonably accurate description of the additions or changes intended
to be made under the application, indicating the size material, and
general construction of such proposed improvements. A plot plan of
the property to be affected, indicating the location and size of the
lot and the size or existing and intended improvements, shall be attached
to the description.
G. Applications to the Zoning Hearing Board must be filed no later than
three weeks prior to the scheduled hearing date to allow sufficient
time for required advertising and notifications.
[Ord. 766, 5/16/1996, § 20.8; as amended by Ord.
882, 2/15/2007; and by Ord. 946, 3/21/2013]
The Board shall conduct hearings and make decisions in accordance
with the following:
A. Notice of Hearings. Notice of all hearings of the Board shall be
given as follows:
(1)
Notice to the public shall be published at least twice in a
newspaper of general circulation in the Borough.
(a)
The first publication shall be not more than 30 days and the
second notice shall not be less than seven days from the date of the
hearing.
(b)
The notices shall state the time and place of the hearing and
the particular nature of the matter to be considered.
(2)
Written notice of said hearing shall be conspicuously posted
on the affected tract of land at least one week prior to the hearing.
(3)
Written notice shall be given to the applicant, the Zoning Officer
and Planning Commission, Borough Council, adjoining property owners
within 200 feet (including those across the street) and any other
person or group (including civic or community organizations) who has
made a timely request for such notice, by personally delivering or
mailing a copy of the published notice.
(4)
Other municipalities.
(a)
In any matter which relates to a property which lies within
500 feet of the boundary of another municipality, the Secretary of
the Board shall transmit to the municipal clerk of this other municipality
a copy of the official notice of the public hearing on such matters,
not later than one day after publication thereof.
(b)
The other municipality shall have the right to appear and to
be heard at the public hearing.
B. Parties.
(1)
The parties to the hearing shall be the Borough, any person
affected by the application who has made a timely appearance of record
before the Board, and any other person, including civic or community
organizations, permitted to appear before the Board.
(2)
The Board shall have the power to require that all persons who
wish to be considered parties enter appearances in written on forms
provided by the Board for that purpose.
C. The Zoning Hearing Board shall conduct its hearings and render its
decision in accordance with the requirements of the Municipalities
Planning Code (MPC).
[Ord. 766, 5/16/1996, § 20.9; as amended by Ord.
882, 2/15/2007]
1. Where provided for in this chapter, the Borough Council shall hear
and decide requests for conditional uses in accordance with stated
standards and criteria. In granting a conditional use, the Borough
Council may attach such reasonable conditions and safeguards, in addition
to those expressed in this chapter, as it may deem necessary to implement
the purposes of the Pennsylvania Municipalities Planning Code, Act
247, as amended, and this chapter. The Borough Council may grant approval
of the conditional use provided that the applicant complies with the
following standards for conditional uses and that the proposed conditional
use shall not be detrimental to the health, safety or welfare of the
neighborhood.
2. Standards.
A. The applicant shall provide evidence or compliance with all conditions
for such conditional use as provided for in Part 15.
B. The applicant shall provide evidence that the proposed conditional
use shall be properly serviced by existing streets. The peak traffic
generated by the use shall be accommodated in a safe and efficient
manner or improvements made in order to effect the same.
(1)
For industrial and commercial conditional use applications,
the applicant shall demonstrate, through the use of traffic studies
or other applicable data, that the granting of the conditional use
shall not increase traffic congestion on streets within the Borough.
C. The applicant shall provide evidence that the proposed conditional
use shall be properly served by utilities, police protection, fire
protection and parks and recreation facilities.
D. The applicant shall submit a site plan drawn to a scale of not more
than 100 feet to one inch containing the following information:
(1)
Location of all existing floodplains, watercourses, wetlands,
rights-of-way, easements, areas of subsidence, wooded areas, and other
significant natural features on the tract.
(2)
The location of all streets, adjacent tracts and buildings within
200 feet of the tract.
(3)
Location of all proposed land uses including residential uses
by type.
(4)
Number of proposed lots and/or dwelling units or nonresidential
structures and lot sizes.
(5)
Location of public water and sewer lines.
(6)
All proposed site grading and drainage provisions.
(8)
Certification of site plan by professional engineer/surveyor.
(9)
Certification of ownership and acknowledgment of plans signed
by owner.
E. The applicant shall provide Borough Council with sufficient plans,
studies or other data to demonstrate compliance with all applicable
regulations.
F. The proposed conditional use shall not significantly detract from
the use of neighboring properties or from the character of the neighborhood
and that the use of adjacent property is adequately safeguarded.
G. Unless otherwise specified by Borough Council or by law, a conditional
use shall expire if the applicant fails to obtain a zoning permit
within one year from the date of authorization thereof by Borough
Council or by the court if such conditional use has been granted after
an appeal or fails to complete any erection, construction, reconstruction,
alteration or change in use authorized by the conditional use within
two years from the date of authorization thereof by Borough Council
or by the court if such variance has been granted after an appeal.
Borough Council may, for reasonable cause, extend the approval for
an additional period of up to one year upon the written request by
the applicant.
H. A variance, special exception, or conditional use for which a building
permit will be issued shall not be transferable to a subsequent owner
in the event that the erection, construction, reconstruction, or alteration
authorized has not been completed prior to transfer. Conditional use
approvals, special exception use approvals, and use variances are
not transferable to a subsequent owner.
I. For conditional use hearings, the initial hearing shall be commenced
within 60 days of the applicant's request, unless an extension is
agreed upon. Each subsequent hearing on the request, if any, shall
occur within 45 days of the prior hearing, and all hearings shall
be completed within 100 days of the date the applicant has completed
its case in chief, unless extended by application to the Lancaster
County Court of Common Pleas. Additionally, the applicant must complete
its case within 100 days of the date of application. Hearings may
be conducted by an independent attorney or Council.
[Ord. 766, 5/16/1996, § 20.10; as amended by Ord.
876, 8/17/2006; and by Ord. 882, 2/15/2007]
1. Procedure. The Borough Council may, from time to time, amend, supplement
or repeal any of the regulations and provisions of this chapter after
public notice and hearing. Before the public hearing, each proposed
amendment, except those coming from the Borough Planning Commission,
must be referred to the Borough Planning Commission for its recommendations
at least 30 days prior to the hearing on such amendment. If, after
any public hearing held upon an amendment, the proposed amendment
is revised or further revised to include land previously not affected
by it, the Borough Council shall hold another public hearing, pursuant
to public notice, before proceeding to vote on the amendment. At least
30 days prior to the hearing on the chapter amendment by the Borough
Council, the Borough Planning Commission shall submit the proposed
ordinance or amendments to the Lancaster County Planning Commission
for recommendations. Amendment procedures shall be in compliance with
§ 609 of the Pennsylvania Municipalities Planning Code,
Act 247, as amended.
2. Procedure Upon Curative Amendments. The procedure upon curative amendments
shall be in accordance with the requirements of the Pennsylvania Municipalities
Planning Code, Act 247, as amended, §§ 609.1 and 609.2.
3. Publication, Advertisement and Availability of this Chapter. Proposed
zoning ordinances and amendments shall not be enacted unless notice
of proposed enactment is given in the manner as set forth in this
section, and shall include the time and place of the meeting at which
passage will be considered, a reference to a place within the Borough
where copies of the proposed ordinance or amendment may be examined
without charged or obtained for a charge not greater than the cost
thereof. The Borough Council shall publish the proposed ordinance
or amendment once in one newspaper of general circulation in the Borough
not more than 60 days nor less than seven days prior to passage. Publication
of the proposed ordinance or amendment shall include either the full
text thereof or the title and a brief summary, prepared by the Borough
Solicitor, and setting forth all provisions in reasonable detail.
If full text is not included, a copy thereof shall be supplied to
a newspaper of general circulation in the Borough at the time the
public notice is published.
4. In the event substantial amendments are made in the proposed ordinance
or amendment, before voting upon enactment, the Borough Council shall,
at least 10 days prior to enactment, readvertise, in one newspaper
of general circulation in the Borough, a brief summary setting forth
all the provisions in reasonable detail together with a summary of
the amendments.
[Ord. 766, 5/16/1996, § 20.11]
The Borough Council shall have the power to enact, by resolution,
zoning change application requirements for those requesting a zoning
change of a land area in the Borough from one zoning classification
to another zoning classification.
[Ord. 766, 5/16/1996, § 20.12]
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the health, safety, morals, and general welfare. It is not intended
to interfere with or abrogate or annul other rules, regulations, or
ordinances, provided that where this chapter imposes a greater restriction
upon the use of buildings or premises, or upon the height of a building,
or requires larger open spaces than are imposed by such other rules,
easements, covenants, restrictions, regulations or ordinances, the
provisions of this chapter shall control.