This chapter is enacted and ordained under the grant of powers
contained in the Pennsylvania Municipalities Planning Code (MPC).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter shall be known as and may be cited as the "Borough
of Paxtang Zoning Ordinance," "Paxtang Zoning Ordinance" or "Zoning
Ordinance."
The purpose of this chapter is to:
A.
Promote, protect and facilitate one or more of the following: the
public health, safety, morals or general welfare; the provision of
adequate light and air; and other public requirements.
B.
Prevent one or more of the following: overcrowding; blight; or loss
of health, life or property from fire, flood or other dangers.
C.
Establish a Zoning Map dividing Paxtang Borough into zoning districts
with varying regulations.
D.
Permit, prohibit, regulate and determine the uses of land, watercourses
and other bodies of water; the size, height, bulk, location, erection,
construction, repair, expansion, razing, removal and use of buildings
and structures, as well as yards and other open areas to be left unoccupied.
E.
Establish the requirements for density and intensity of uses.
F.
Promote innovative design to preserve and enhance the established
and important sense of community, neighborhoods and character areas.
G.
Provide diverse housing opportunities, including housing that is
affordable.
H.
Encourage and accommodate appropriate and compatible adaptive reuse,
replacement, infill development and redevelopment.
I.
Serve as a tool that is part of an overall plan for the orderly,
appropriate and compatible preservation, growth and development in
the Paxtang Borough, by incorporating the overall objectives and principles
of, as well as seeking to implement the most recent version of, the
Paxtang Borough Comprehensive Plan and/or other applicable plans adopted
by Paxtang Borough.
A.
Interpretation. In interpreting and applying this chapter, its provisions
shall be held to be the minimum requirements for promotion of health,
safety, morals and general welfare of the Borough. Any use permitted
subject to the regulations prescribed by the provisions of this chapter
shall conform with all regulations of the zoning district(s) in which
it is located and elsewhere in this chapter, as well as with all other
applicable regulations of this and other related chapters, ordinances,
standards and/or rules. This chapter is not intended to interfere
with, abrogate, annul, supersede or cancel any easements, covenants,
restrictions or reservations contained in deeds or other agreements,
but if this chapter imposes more stringent restrictions upon the use
of buildings, structures, land (which also includes water bodies/watercourses)
than are elsewhere established, the provisions of this chapter shall
prevail. Unless otherwise specified elsewhere in this chapter, wherever
and whenever the requirements of this chapter are not consistent with
the requirements of any other legally adopted laws, rules, regulations,
chapters or ordinances, the most restrictive or that imposing the
higher standards shall govern. In interpreting the language of this
chapter to determine the extent of the restriction upon the use of
property, the language shall be interpreted, where doubt exists as
to the intended meaning of the adopted language, in favor of the property
owner and against any implied extension of the restriction.
B.
Uses not otherwise provided for. Any use which clearly is not permitted
by right, by special exception use, nor by conditional use by this
chapter within any zoning district, or a use which is not defined
by this chapter, then such use shall be prohibited, except that the
Paxtang Borough Council may permit such use by conditional use if
the applicant proves to the satisfaction of the Paxtang Borough Council
that all of the terms and conditions set forth below are satisfactorily
addressed:
(1)
The proposed use is in general conformity with the most recent version
of the Paxtang Borough Comprehensive Plan, and/or other applicable
plans adopted by Paxtang Borough, and in harmony with the zoning district,
area and neighborhood in which it is proposed.
(2)
The proposed use is:
(a)
Similar to and compatible with the permitted uses in the zoning
district in which the subject property is located;
(b)
Not permitted in any other zoning district under the terms of
this chapter; and
(c)
In no way conflicting with the general purposes and intent of
this chapter or the zoning district in which the subject property
is located.
(3)
The external impacts associated with the proposed use would be equal
to or less intensive than external impacts associated with other uses
that are permitted in the zoning district in which the subject property
is located.
(4)
The location of the proposed use would not endanger the public health
and safety, and the use will not deteriorate the environment or generate
nuisance conditions such as traffic congestion, noise, dust, smoke,
glare or vibration.
(5)
The proposed use shall comply with Borough building, health, housing,
rental, safety, property and other applicable local, county, state
and federal code and licensing requirements. All such licenses, certificates
and permits shall have been obtained and presented to the Borough
or shall be a condition of approval.
(6)
The proposed use would meet the standards that apply under Article XVII of this chapter relating to conditional uses.
A.
Within the Borough of Paxtang, Dauphin County, Pennsylvania, no land,
body of water, or structure shall hereafter be used or occupied and
no structure or part thereof shall hereafter be erected, constructed,
reconstructed, moved or structurally altered except in conformity
with all regulations and procedures specified for in the zoning district(s)
in which such land, body of water, or structure is located, as well
as with all other applicable provisions of this chapter and other
applicable chapters of the Code of the Borough of Paxtang.
B.
This chapter shall not apply to an existing or proposed building
or structure or extensions thereof that is used or to be used by a
public utility corporation, if upon petition of the corporation the
Pennsylvania Public Utility Commission (PUC) shall, after a public
hearing, decide that the present or proposed situation of the building
in question is reasonably necessary for the convenience or welfare
of the public. It shall be the responsibility of the PUC to ensure
that both the corporation and the Borough have notice of the hearing
and are granted an opportunity to appear, present witnesses, cross-examine
witnesses presented by other parties, and otherwise exercise the rights
of a party to the proceedings. The exemptions and procedures shall
be in accordance with the MPC.
C.
Notwithstanding the foregoing, the requirements of this chapter shall
not apply to municipal uses, land, facilities or structures owned
by the Borough, nor to uses, land, facilities or structures owned
by a municipal authority created by the Borough or agent thereof that
is authorized or created by the Borough or municipal authority to
provide governmental or public health and safety services. Further,
the requirements of this chapter shall not apply to private uses permitted
by the Borough, or its authorized municipal authorities or agents,
to be conducted upon and/or in structures owned and/or operated by
the Borough, municipal authorities, or authorized agents. In any instance
in which applicable zoning provisions would be affected by noncompliance
if not for the exemption provided in this subsection, the Paxtang
Borough Council shall take public comment on the specific zoning provisions
and related issue(s) at an advertised public meeting of the Paxtang
Borough Council. Notice of the public meeting shall be mailed by the
Borough at least 30 days prior to the date of the meeting by first
class mail to the addresses to which real estate tax bills are sent
for all real property located within 200 feet of the exempt tract,
as evidenced by tax records within the possession of the Borough.
The notice shall include the location, date and time of the public
meeting, and shall include the location of said exempt tract, a description
of the proposed use/development of the exempt tract, and the specific
zoning provisions for which strict compliance cannot be met by the
proposed use/development of the exempt tract.
The granting of a zoning permit for the erection or use of a
structure, building or lot shall not constitute a representation,
guarantee or warranty of any kind or nature by the Borough, or an
official or employee thereof, of the safety of any structure, building,
use or other proposed plan from cause whatsoever and shall create
no liability upon or a course of action against the Borough or such
public official or employee for any damage that may be pursuant thereto.
A.
It is recognized that the following acts preempt zoning ordinances:
(1)
Act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams
Law";
(2)
Act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining
Conservation and Reclamation Act";
(3)
Act of April 27, 1966 (1st Special Session, P.L. 31, No. 1), known
as "The Bituminous Mine Subsidence and Land Conservation Act";
(4)
Act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal
Refuse Disposal Control Act";
(5)
Act of December 19, 1984 (P.L. 1093, No. 219), known as the "Noncoal
Surface Mining Conservation and Reclamation Act";
(6)
Act of December 19, 1984 (P.L. 1140, No. 223), known as the "Oil
and Gas Act";
(7)
Act of June 30, 1981 (P.L. 128, No. 43), known as the "Agricultural
Area Security Law";
(8)
Act of June 10, 1982 (P.L. 454, No. 133), entitled "An act protecting
agricultural operations from nuisance suits and ordinances under certain
circumstances"; and
(9)
The Act of May 20, 1993 (P.L. 12, No 6), known as the "Nutrient Management
Act."
B.
Therefore, suggestions, recommendations, options or directives contained
in this section are intended to be implemented only to the extent
that they are consistent with and do not exceed the requirements of
these acts. Nothing contrary to these acts shall be mandated by this
chapter.
A.
The preexisting chapter or ordinance relating to zoning in the Borough
of Paxtang, as amended, is hereby expressly repealed; provided, further,
that nothing in this chapter shall be construed to affect any suit
or proceeding pending in any court, or any rights acquired or liability
incurred, or any permit issued or approval granted or any cause or
causes of action arising prior to the enactment of this chapter. All
chapters and ordinances or parts of chapters and ordinances and all
resolutions or parts of resolutions which are inconsistent herewith
by virtue of references or incorporation of requirements contained
in the preexisting chapter or ordinance relating to zoning in the
Borough of Paxtang, as amended, shall, as nearly as possible, be construed
to reference this chapter.
