Borough of Spring Grove, PA Article I General Provisions

§ 400-1 Short title.

This chapter shall be known and may be cited as the "Spring Grove Borough Zoning Ordinance."

§ 400-2 Applicability.

This chapter shall apply throughout the Borough of Spring Grove. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See § 400-54A.

§ 400-3 Purposes and community development objectives.

This chapter is hereby adopted in accordance with the following purposes, which shall serve as community development objectives, in addition the purposes provided for each district in § 400-11:

A. The requirements and purposes of the Pennsylvania Municipalities Planning Code, as amended (including §§ 604 and 605[1] or their successor section(s) which are included by reference).

[1] Editor's Note: See 53 P.S. §§ 10604 and 10605.

B. The goals and objectives of the Spring Grove Comprehensive Plan which are hereby incorporated by reference.

§ 400-4 Interpretation and uses not regulated.

A. Minimum requirements. Where more than one provision of this chapter controls a particular matter, the provision that is more restrictive shall apply. The provisions of this chapter are in addition to any other applicable chapters of the Code.

B. Uses not specifically regulated. If a use is not permitted by right, or as a conditional or special exception use by this chapter within any zoning district, the Zoning Hearing Board may permit such use as a special exception use if the applicant specifically proves to the clear satisfaction of the Zoning Hearing Board that all of the following conditions would be met:

(1) The proposed use would be less intensive in external impacts and nuisances than uses that are permitted in the district, considering the standards in § 400-48;

(2) The proposed use would be closely similar in character to uses permitted in that district;

(3) The use would meet the standards that would apply under § 400-58 to a special exception use; and

(4) The use is not specifically prohibited in that district.

C. Interpretation of ordinance text and boundaries.

(1) The Zoning Officer shall literally apply the wording of this chapter and the location of all district boundaries to particular applications.

(2) If an applicant disagrees with the Zoning Officer's determination, the applicant shall appeal to the Zoning Hearing Board. See § 400-57.

D. Undefined terms/interpretation of definitions. See § 400-9.

E. Interpretation of zoning boundaries. See § 400-14.

§ 400-5 Limited public utility exemptions.

The provisions of § 619 of the Municipalities Planning Code,[1] as amended shall apply.

[1] Editor's Note: See 53 P.S. § 10619.

§ 400-6 Limited Borough and municipal authority exemption.

The minimum lot area, minimum lot width and minimum street frontage requirements of this chapter shall not apply to uses or structures owned by Spring Grove Borough or by a municipal authority created solely by Spring Grove Borough for uses and structures that are intended for a public utility, stormwater or public health, safety or welfare purposes.

§ 400-7 Liability.

Any review of activity within the floodplain, site plan review, subdivision or land development approval, erosion control review, wetland delineation review, stormwater runoff review, review of activity on steep slopes, or any other review, approval or permit under this chapter by an officer, employee, board, commission, solicitor, consultant or agency of the Borough shall not constitute a representation, guarantee or warranty of any kind by the Borough, or its employees, officials, boards, solicitor(s), consultants or agencies of the practicality or safety of any structure, use or subdivision, and shall create no liability upon nor a cause of action against such entity or person for any damage that may result pursuant thereto.

§ 400-8 Frontage onto improved streets; number of uses or buildings; minimum size of dwellings.

A. Frontage required onto improved street.

(1) Each proposed new lot, principal nonresidential building and apartment building shall be on a lot which directly abuts one of the following:

(a) A public street, not including an alley;

(b) A street proposed to be dedicated to the Borough by the subdivision plan which created such lot; or

(c) A private street which meets all of the requirements of a public street.

(2) In the case of townhouses, a manufactured/mobile home park, or apartments, each dwelling unit may be served with vehicle access onto a private parking court which then has access onto a street meeting Borough standards.

B. Number of principal uses and principal buildings per lot.

(1) A lot in a Commercial or Industrial District may by special exception include more than one permitted principal use per lot and/or more than one permitted principal building per lot, provided that all of the requirements are met for each use and each building. If different dimensional requirements apply for different uses on the lot, then the most restrictive requirement shall apply. Otherwise only one principal use shall be permitted per lot.

(a) The applicant shall submit a site plan that demonstrates that each structure would meet the requirements of this chapter.

(b) The land shall be in common ownership. However, a condominium form of ownership of individual buildings, with a legally binding property owners' association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place.

(2) A lot within a residential district shall not include more than one principal use and shall not include more than one principal building unless specifically permitted by this chapter.

(a) A manufactured/mobile home park, condominium residential development, apartment development, traditional neighborhood development or retirement community, by definition, may include more than one principal building per lot, provided all other requirements of this chapter are met.

(b) A condominium form of ownership of individual dwelling units, with a legally binding homeowners' association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.

C. Minimum size of dwellings. Each dwelling unit of two or fewer bedrooms shall include a minimum of 500 square feet of enclosed habitable, indoor, heated floor area, and which shall be primarily above the ground level. This minimum floor area shall be increased to 800 square feet if there are three or more bedrooms.