This chapter is adopted by authority of and pursuant to the provisions of the Pennsylvania Municipalities Planning Code, Act of the General Assembly No. 247, approved July 31, 1968, as reenacted and amended December 21, 1988, by Act No. 170 (P.L. 1329).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter is designed, adopted, and enacted:
A. 
In consideration of the character of the municipality, its various parts and the suitability of the various parts for particular uses and structures.
B. 
To promote the public's health, safety, morals, and the general welfare, encourage the most appropriate use of land, conserve and stabilize the value of property; provide adequate open spaces for light and air, prevent undue concentration of population, and lessen congestion on streets and highways.
The community development objectives of this Zoning Ordinance shall be the community goals and objectives identified in Chapter 2 through 5 of the Comprehensive Plan for the U.S. 220/Future I-99 Planning Area, adopted May 16, 2005 by Jersey Shore Borough.
In the interpretation and the application of the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare. Any reference to this chapter, or any effective date of this chapter shall, in all cases, refer to and include the most recent amendments to this chapter.
A. 
Minimum and uniform regulations. The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
B. 
For new uses and structures. In all districts, after the effective date of this chapter, any new building or other structure or any tract of land shall be constructed, developed and used only in accordance with the regulations specified for each district.
C. 
For existing uses and structures. In all districts, after the effective date of this chapter, any existing building or other structure, or any tract of land which is not in conformity with the regulations for the district in which it is located, shall be deemed as nonconforming and subject to the regulations of Article XVI.
D. 
Types of controls. The following minimum and uniform regulations shall apply in the respective districts:
(1) 
Use regulations, including permitted and conditional uses;
(2) 
Density and height regulations and minimum areas and dimensions, including maximum density, building coverage, impervious surface, and building height; and minimum lot areas and width; and minimum front, side, and rear building lines in those districts in which they apply;
(3) 
Supplemental regulations for accessory structures; driveways; home occupations; nonconforming lots, structures, buildings, and uses; off-street parking and loading; projections into yards; screening and landscaping; signs; and other unique conditions;
(4) 
Floodplain management provisions; and
(5) 
Criteria for the evaluation of conditional uses.
Except as provided for elsewhere within this chapter:
A. 
No building, structure, or land shall be used or occupied and no building or structure shall hereafter be located, converted of structurally altered except in conformity with all regulations herein specified for the district in which it is located.
B. 
No part of a yard, or other space, or off-street parking or loading space required with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
C. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements established by this chapter.
D. 
In cases of "mixed occupancy," the regulations for each use shall apply to the portion of the building or land so used.
A. 
Whenever, under this chapter, a use is neither specifically permitted nor denied, and an application is made by an applicant to the Zoning Officer for such a use, the Zoning Officer shall refer the application to the Borough Council to hear and decide such request as a conditional use. The Borough Council shall have the authority to permit the use or deny the use in accordance with the standards governing conditional use applications set forth in § 300-135 of this chapter. In addition, the use may only be permitted if:
(1) 
It is similar to and compatible with the other uses permitted in the zone where the subject property is located;
(2) 
It is not permitted in any other zone under the terms of this chapter; and
(3) 
It in no way is in conflict with the general purposes of this chapter.
B. 
The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and would not be detrimental to the public health, safety and welfare of the neighborhood where it is to be located.
In all matters that are regulated by the laws of the Commonwealth of Pennsylvania, such laws shall control where their requirements are in excess of this chapter. This chapter shall control in all cases where the state requirements are less than herein contained.
A. 
This chapter shall not create liability on the part of the Borough of Jersey Shore or any officer or employee thereof for any fire or flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
B. 
With regard to the floodplain management provisions of this chapter, the degree of flood protection sought by these provisions are considered reasonable for regulatory purposes and are based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.
C. 
Access to a public system (i.e., water or sewerage systems), when stipulated by this chapter, cannot be guaranteed by the municipality. The conditions and terms of access shall be set by the receiving authority or utility company.
This chapter serves to amend under the terms of Section 609 of the Municipalities Planning Code, Act of 1968, P.L. 805, No. 247,[1] the prior Jersey Shore Borough Zoning Ordinance Number 4-96, enacted and ordained by the Borough Council of Jersey Shore, Lycoming County, Pennsylvania, on May 6, 1996, and any subsequent amendments to that ordinance.
[1]
Editor's Note: See 53 P.S. § 10609.