[Ord. 206, 2/4/1985; as amended by Ord. 271, 12/26/2002,
§ 1; and by Ord. 278, 11/11/2003, § 1]
In order to implement the purpose of this chapter, the Borough of Middleburg is hereby divided into eight classes of districts, with the designations and general proposes listed below and the specifically permitted and prohibited uses tabulated in Part 5.
A.
R-1 District (Single-Family Detached Dwellings). The R-1 District
is designed to protect and maintain those residential areas now developed
with single-family detached dwellings on relatively large lots and
adjoining vacant areas likely to be developed for such purposes. It
will enable the Borough to continue to provide a restricted type of
environment which would otherwise be found only in suburban areas.
B.
R-2 District (Single-Family Detached Dwellings). The R-2 District
is designed to include areas consisting of single-family detached
dwellings of the R-1 nature; however, the lot sizes are smaller than
those in the R-1 District. Basically, the allowed uses are identical
to those in the R-1 District.
C.
R-3 District (Single-Family Detached Dwellings and Single-Family
Semidetached Dwellings). The R-3 District is designed to include those
sections of the Borough where there are substantial numbers of single-family
detached dwellings on somewhat smaller lots than found in the R-2
District. Certain public and institutional uses are permitted.
D.
R-4 District (Multifamily Dwellings). The R-4 District is designed
to provide for a portion of the Borough to be used for a wide range
of single-family housing types, two-family detached dwellings, apartment
dwellings, multifamily and conversions and municipal, governmental,
nonprofit and judicial offices and facilities.
E.
NC District (Neighborhood Commercial). The NC District is designed
to provide sites for retail and personal service establishments for
a small tributary area, with a minimum impact upon adjoining or surrounding
residential development. Preferably, each portion of the district
should be small and compact in area, but, where extensive strip development
has occurred as a result of earlier zoning or prior to zoning, the
district has been expanded to include such development.
F.
C District (Commercial). The Commercial District is designed to provide
for those specialized commercial areas located along or near highly
used travel routes.
G.
I District (Industrial). The I District is designed to provide for
manufacturing, wholesaling and warehousing activities generally found
in the built-up areas of the Borough. Generally, these are manufacturing
activities not possessed of heavily obnoxious features such as noise,
odors, dust and the like. In addition, the I District also provides
for certain commercial activities which have no attraction to the
general public and those commercial uses which, although dependent
on the general public, would serve as a detriment in the Neighborhood
Commercial or the Commercial Districts.
H.
OS District (Open Space). The OS District is designed to provide
areas for recreation activities, municipal facilities, as well as
preserve natural amenities.
[Ord. 206, 2/4/1985; as amended by Ord. 243, 2/27/1996]
1.
The Borough is hereby divided into zones or districts as shown on
the Official Zoning Atlas which, together with all explanatory matter
thereon, is hereby adopted by reference and declared to be a part
of this chapter.
2.
The Official Zoning Atlas shall be identified by the signature of
the Mayor attested by the Borough Secretary under the following words:
"This is to certify that this is the Official Zoning Atlas referred
to in Article I of Ordinance No. 206 of the Borough of Middleburg,
Pennsylvania," together with the date of the adoption of this chapter.
3.
If, in accordance with the provisions of this chapter and the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended, changes
are made in district boundaries or other matter portrayed on the Official
Zoning Atlas, such changes shall be entered on the Official Zoning
Atlas promptly after the amendment has been approved by the Borough
Council, with an entry on the Official Zoning Atlas as follows: "On
(date), by official action of the Borough Council, the following (change)
changes were made in the Official Zoning Atlas: (brief description
of nature of change)," which entry shall be signed by the Mayor and
attested by the Borough Secretary. No amendment to this chapter which
involves matter portrayed on the Official Zoning Atlas shall become
effective until after such change and entry has been made on said
atlas.
4.
No changes of any nature shall be made in the Official Zoning Atlas or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided under § 27-1402.
5.
Regardless of the existence of purported copies of the Official Zoning
Atlas which may from time to time be made or published, the Official
Zoning Atlas which shall be located in the office of the Zoning Officer
shall be the final authority as to the current zoning status of land
and water areas, buildings and other structures in the Borough.
[Ord. 206, 2/4/1985; as amended by Ord. 243, 2/27/1996]
In the event that the Official Zoning Atlas or a part thereof
becomes damaged, destroyed, lost or difficult to interpret because
of the nature or number of changes and additions, the Borough Council
may, by resolution, adopt a new Official Zoning Atlas, which shall
supersede the prior Official Zoning Atlas. The new Official Zoning
Atlas may correct drafting or other errors or omissions in the prior
Official Zoning Atlas, but no such corrections shall have the effect
of amending this chapter or any subsequent amendments hereof. The
new Official Zoning Atlas shall be identified by the signature of
the Mayor attested by the Borough Secretary and bearing the Seal of
the Borough under the following words: "This is to certify that this
Official Zoning Atlas supersedes and replaces the Official Zoning
Atlas adopted (date of adoption of map being replaced) as part of
Ordinance No. 206 of the Borough of Middleburg, Pennsylvania."
[Ord. 206, 2/4/1985]
1.
Where uncertainty exists as to the boundaries of districts as shown
on the Official Zoning Atlas or part thereof, the following rules
shall apply:
A.
Boundaries indicated as approximately following the center lines
of streets, highways or alleys shall be construed to follow such center
lines.
B.
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following Borough limits shall
be construed as following Borough limits.
D.
Boundaries indicated as following railroad lines shall be construed
to be midway between the main tracks.
E.
Boundaries indicated as approximately following the center lines
of streams, rivers or other bodies of water shall be construed to
follow such center lines.
F.
Boundaries indicated as parallel to or extensions of features indicated
in Subsection 1A through E above, shall be so construed. Distances
not specifically indicated on the Official Zoning Atlas shall be determined
by the scale of the map.
2.
Where physical or cultural features existing on the ground are at
variance with those shown on the Official Zoning Atlas or, in other
circumstances not covered by Subsection 1A through F above, the Zoning
Hearing Board shall interpret the district boundaries.
3.
Where a district boundary line divides a lot which was in single
ownership at the time of passage of this chapter, the Zoning Hearing
Board may permit, as a special exception, the extension of the regulations
for either portion of the lot not to exceed 50 feet beyond the district
line into the remaining portion of the lot.
