The official title of this chapter is the "Brentwood Zoning
Ordinance."
This chapter is adopted by virtue of the authority granted to
the Borough by the Commonwealth in the Pennsylvania Municipalities
Planning Code (MPC), Act 247 of 1968, as amended by Act 170 of 1998
(53 P.S. § 10101 et seq., as may be amended from time to
time).
In the event of conflicts between the provision of this chapter
and any other ordinance or regulation, the more restrictive provisions
shall apply. In the interpretation and application, the provisions
of this chapter shall be considered minimum requirements adopted for
the promotion of the health, safety and general welfare of the public.
In interpreting the language of this chapter to determine the extent
of the restriction upon the use of the property, the language shall
be interpreted, where doubt exists as to the intended meaning of the
language written and enacted by the Borough Council, in favor of the
property owner and against any implied extension of the restriction.
These regulations are adopted in accordance with the MPC, community
development objectives and the comprehensive plan. The purpose of
this chapter is to promote, protect and facilitate any of the following:
A.
Public health, safety, morals, and general welfare;
B.
Coordinated and practical community development;
C.
Encourage appropriate redevelopment;
D.
Proper density of population;
E.
The provisions of adequate light and air;
F.
Lessen congestion on streets and roads;
G.
Secure safety from fire, panic, and other dangers;
H.
Prevent the overcrowding of land;
I.
Avoid an undue concentration of population;
J.
Facilitate the adequate provision of transportation, water, sewers,
schools, parks, and other public facilities;
K.
Preservation of natural, scenic and historic properties;
L.
Preservation of environmental features, including forest, wetlands,
aquifers, prime agricultural land, steep slopes, and floodplains as
deemed appropriate; and
M.
Emergency management and preparedness.
A.
Consistent with the goals and objectives of Brentwood Borough it
is the intent of this chapter to achieve the following community development
objectives and purposes:
(1)
Distribute land uses to meet the physical, social, cultural, economic,
and energy needs of present and future populations;
(2)
Ensure that new development and redevelopment of existing properties
is compatible with surrounding development in use, character, and
size;
(3)
Provide for land uses that serve important public needs including
a variety of housing options and employment generators;
(4)
Protect and enhance property values; and
(5)
Protect natural, historic and environmental resources.
B.
In accordance with the foregoing purposes and objectives, this chapter
establishes regulations governing the following:
(1)
The height, number of stories, and size of buildings and other structures;
(2)
The percentage of a lot that may be occupied;
(3)
The size of yards, courts, and other open spaces;
(4)
Population density and intensity of use; and
(5)
The location and use of buildings, other structures, and land for
business, industrial, residential, or other purposes.
A.
No land shall be used or occupied and no structures shall be designed,
erected, altered, used, or occupied except in conformity with this
chapter and in compliance with all standards, and upon performance
of all conditions attached to any use approval, variance, appeal,
rezoning, subdivision and land development approval, planned residential
approval, or site plan approved pursuant to all land use regulations
of the Borough.
B.
No person, firm, or corporation and no officer or employee (either
as owner or as participating principal, agent, servant, or employee
of such owner) shall sell, rent, or lease, or offer or attempt to
sell, rent, or lease, any land or structure upon the representation,
falsely made and known to be false, that such land or structure may
be used or occupied in a manner or for a use prohibited by this chapter.
C.
The requirements of this chapter shall apply to all zoning districts,
lots, structures, land developments, and subdivisions in the Borough.
This chapter shall not apply to existing or proposed uses or
structures of Brentwood Borough.
