[Ord. 725-04, 11/8/2004]
1.
Title. An ordinance establishing regulations and restrictions for
the location and use of lots, land, buildings and other structures,
the height, number of stories and size or bulk of buildings structures,
the density of population, off-street parking and similar accessory
regulations in the Borough of Hamburg, Berks County, Pennsylvania,
and for said purposes dividing the Borough into districts and providing
for administrative enforcement and amendment of its provisions in
accordance with the Pennsylvania Municipalities Planning Code, as
amended.
2.
Short Title. This Chapter shall be known as, and may be cited as,
the "Hamburg Borough Zoning Ordinance of 2004."
[Ord. 725-04, 11/8/2004]
Except as hereinafter provided, no building, structure, land
or parts thereof shall be used or occupied, erected, moved, enlarged
or structurally altered unless in conformity with the regulations
of this Chapter.
[Ord. 725-04, 11/8/2004]
This Chapter, including the regulations and districts as hereinafter
set forth, is based upon and intended to give effect to the policies
and objectives set forth in The Joint Comprehensive Plan for Northern
Berks County (adopted as the Hamburg Comprehensive Plan) and is intended
to promote public health, safety, morals and the general welfare by
achieving, among others, the following purposes:
A.
Lessen congestion on the roads and highways.
B.
Secure safety from fire, panic and other dangers.
C.
Promote health and the general welfare.
D.
Avoid undue congestion of population.
E.
Encourage the most appropriate use of land.
F.
Facilitate the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements.
G.
Conserve the value of land and buildings.
H.
Encourage the harmonious and orderly development of land.
[Ord. 725-04, 11/8/2004]
In their interpretation and application, the provisions of this
Chapter shall be held to be minimum requirements adopted for the promotion
of the public health, safety, morals and/or general welfare.
[Ord. 725-04, 11/8/2004]
1.
These regulations were made with reasonable consideration, among
other things, to the character of the districts and their peculiar
suitability for particular uses and with a view to conserving the
value of buildings and encouraging the most appropriate use of land
throughout the Borough.
2.
Further basis for these regulations are embodied in The Joint Comprehensive
Plan for Northern Berks County (adopted as the Hamburg Comprehensive
Plan) as adopted by the Borough Council, which enumerates in detail
the locally desired community development goals and objectives which
these regulations seek to accomplish.
[Ord. 771-09, 9/28/2009, § 9]
1.
Any person or entity ("applicant") desiring to undertake any new
construction, structural or site alteration, or changes in the use
of a building or lot within the Borough of Hamburg shall first apply
to the Borough Zoning Officer for a zoning permit by filling out the
appropriate application form and by submitting all requested information,
along with the required fee, in accordance with the Pennsylvania Municipalities
Planning Code and the Borough of Hamburg Zoning Ordinance.
2.
Upon receipt of a completed application form and fee required by Subsection 1 above, the Borough Zoning Officer shall either issue the zoning permit or shall deny the permit, indicating in writing the reason for denial, which may include the reason that certain construction, alterations or uses require approval of the Borough Zoning Hearing Board and/or the Borough Council, and/or the recommendations of the Borough Planning Commission as a condition to issuance of the zoning permit.
3.
If denied a permit by the Borough Zoning Officer, the applicant may
appeal such decision to the Zoning Hearing Board for further consideration
in accordance with the Pennsylvania Municipalities Planning Code and
the Borough of Hamburg Zoning Ordinance.
4.
Once the applicant has properly obtained a zoning permit from the
Borough Zoning Officer, the Borough Zoning Hearing Board or a court
of competent jurisdiction, the applicant may (i) apply to the Borough
Building Code Official for a construction permit under this Chapter
by filling out the appropriate application form and by submitting
the required fee and land development plan (if determined to be required
in the sole discretion of the Borough Zoning Officer) for the subject
premises; and (ii) apply for any other permits as required by federal,
state and local law. Such application for a construction permit under
this Chapter shall not be submitted unless and until the applicant
has properly obtained a zoning permit.
5.
Upon completion of the construction or alteration undertaken by the
applicant pursuant to the zoning permit, construction permit and other
required permits, the applicant shall then apply to the Borough Zoning
Officer for a certificate of use and/or an occupancy permit, where
such a certificate and/or permit is required in order for the subject
premises to be occupied.
