[Ord. 294, 11/26/2007, § 27-101]
An ordinance regulating the location, height, bulk, erection,
construction, alteration, razing, removal and size of structures;
the percentage of lot which may be occupied; the size of yards, courts
and other open spaces; the density and distribution of population;
the intensity of use of land or bodies of water for trade, industry,
residence, recreation, public activities or other purposes, and the
uses of land for agriculture, water supply, conservation, or other
purposes, in all portions of Dublin Borough.
[Ord. 294, 11/26/2007, § 27-102]
This chapter shall be known as and may be cited as the "Dublin
Borough Zoning Ordinance of 1985."
[Ord. 294, 11/26/2007, § 27-103]
1.
Constitutional Construction. The provisions of this chapter shall
be severable, and if any of its provisions shall be held to be unconstitutional,
the validity of any of the remaining provisions of this chapter shall
not be affected. It is hereby declared as the legislative intention
that this chapter would have been adopted had such unconstitutional
provisions not been included therein.
2.
Purpose of Ordinance; General. Pursuant to §§ 105,604,
605, 606 and 607 of the Act, 53 P.S. §§ 10105, 10604,
10605, 10606, 10607, it is the intent, purpose and scope of this chapter
to protect and promote safety, health and morals; to accomplish coordinated
development; to provide for the general welfare by guiding and protecting
amenity, convenience, future governmental, economic, practical, and
social and cultural facilities, development and growth, as well as
the improvement of governmental processes and functions; to guide
uses of land and structures, type and location of streets, public
grounds and other facilities; to promote the conservation of energy
through the use of planning practices and to promote the effective
utilization of renewable energy sources; and to minimize such problems
as may presently exist or which may be foreseen.
3.
Providing standards to control the amount of open space and impervious
surfaces within a development; to control the intensity of development
in areas of sensitive natural resources or natural features in order
to reduce or eliminate adverse environmental impacts.
4.
Providing methods to implement Article I, § 27, of the
Constitution of the Commonwealth of Pennsylvania, which decrees that
the people have a right to clean air, adequate supplies of pure water,
and to the preservation of the natural, scenic, historic, and aesthetic
values of the environment and to protect natural resources which are
a part of the ecological system to which we are all bound, and therefore
are the common property of all the people, including generations yet
to come, and must be protected to insure the health, safety and welfare
of all the people.
5.
Providing standards for all types of dwelling units so that all the
people may have access to decent, sound and sanitary housing; to meet
the goals of the Federal Housing Act of 1949, to provide adequate
zoning to meet a fair share of the region's housing needs.
6.
Giving effect to policies and proposals of the Dublin Borough Comprehensive
Plan, duly adopted by the Borough Council of Dublin Borough.
7.
Controlling and regulating the growth of the Borough, concentrating
development in areas where adequate sewage facilities, roads and schools
can be provided, and limiting development in areas where these facilities
are not provided.
8.
Lessening the danger and congestion of traffic on the roads and highways
and reducing excessive numbers of roads.
9.
Securing safety from fire, panic, flood and other damages.
10.
Protecting the tax base and preventing blight.
11.
Securing economy in local government expenditures.
[Ord. 294, 11/26/2007, § 27-104]
1.
In interpreting and applying the provisions of this chapter, they
shall be held to be the minimum requirements for the promotion of
the public health, safety, comfort, convenience, and general welfare.
2.
Whenever any regulations made under authority of this chapter require
a greater width or size of yards, courts or other open spaces, or
require a lower height of buildings or smaller number of stories,
or require a greater percentage of lot to be left unoccupied, or impose
other higher standards than are required in or under any other statute,
the provisions of the regulations made under authority of this chapter
shall govern.
3.
Whenever the provisions of any other statute require a greater width
or size of yards, courts or other open spaces, or require a greater
percentage of lot to be left unoccupied, or impose other higher standards
than are required by any regulations made under authority of this
chapter, the provisions of such statute shall govern.
4.
This chapter does not repeal, abrogate, annul or in any way impair
or interfere with existing provisions of other laws or ordinances,
except those specifically or impliedly repealed by this chapter, or
any private restrictions placed upon property by covenant, deed or
other private agreement unless repugnant hereto.
5.
Those provisions in the Dublin Borough Subdivision and Land Development Ordinance [Chapter 22] concerned with varying design standards shall not be considered to be in conflict with the provisions of this chapter.
6.
This chapter shall be interpreted to provide for the reasonable development
of minerals in the Borough in accordance with § 603(i) of
the Municipalities Planning Code, 53 P.S. § 10603(i).
[Ord. 294, 11/26/2007, § 27-105]
1.
It is hereby declared to be the intent of the Borough Council that:
A.
If a court of competent jurisdiction declares any provisions of this
chapter to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this chapter shall continue to be separately and fully
effective.
B.
If a court of competent jurisdiction finds the application of any
provision or provisions of this chapter to any lot, building or other
structure, or tract of land, to be invalid or ineffective in whole
or in part, the effect of such decision shall be limited to the person,
property or situation immediately involved in the controversy, and
the application of any such provision to other persons, property or
situations shall not be affected.
[Ord. 294, 11/26/2007, § 27-106]
1.
The municipal authority, water company or any other municipality
that plans to expand water, sanitary sewer or storm sewer service
via a new main extension to a proposed development that has not received
any municipal approval shall the notify the Borough by certified mail,
return receipt requested, of its intention and shall provide the Borough
an opportunity to provide written comment on whether the proposed
expansion of service within the Borough is generally consistent with
this chapter.
2.
The purpose of the requirement of this section is to provide the
municipal authority, water company or any other municipality with
information regarding how its decision to expand service may potentially
enhance and support or conflict with or negatively impact of the land
use planning of the Borough.
3.
Nothing in this section shall be construed as limiting the right
as a municipal authority, water company or any other municipality
to expand service as otherwise permitted by law.
4.
Except as provided in § 619.2 of the Municipalities Planning
Code, 53 P.S. § 10619.2, nothing in this chapter shall be
construed as limiting the authority of the Pennsylvania Public Utility
Commission over the implementation, location, construction or maintenance
of public utility facilities. The requirements of this section shall
not apply to an expansion of service by a municipal authority, water
company or other municipality that is ordered by a court or a federal
or state agency.
5.
As used in this section:
A.
A "decision to expand service within the Borough" shall mean a decision
to expand the number of its individual service connections for distribution
within the Borough as a result of a main extension; but, if the number
of individual service connections are not being increased, locating
or requiring transmission lines or interceptors, or wells, reservoirs,
aquifers, pump stations, water storage tanks or facilities by a municipal
authority or water company in a new area of the Borough shall not
be deemed an expansion of service.
B.
A "water company" shall include any person or corporation, including
a municipal corporation operating beyond its corporate limits, which
furnishes water to or for the public for compensation.
6.
Nothing in this section shall be construed to authorize the Borough
to regulate the allocation or withdrawal of water resources by any
person, municipal authority or water company that is otherwise regulated
by the Pennsylvania Public Utility Commission or other federal or
state agencies or statutes.
[Ord. 294, 11/26/2007, § 27-107]
1.
Pursuant to the authority granted to boroughs to prohibit nuisances,
to promote the health, cleanliness, comfort and safety of the citizens
of the Borough of Dublin and the authority of the Borough to enact
local provisions to regulate the sale, distribution and display and
exhibition of activities concerning obscene and other sexual material
as provided in 18 Pa.C.S.A. § 5903(k), the Borough enacts
this Adult Use Ordinance. In so doing, the Borough makes the following
findings and statements:
A.
The Borough does not intend this chapter to suppress any speech activities
protected by the First Amendment but to enact a content neutral ordinance
which addresses the secondary effects of adult uses.
B.
Sexually oriented businesses lend themselves to ancillary, unlawful
and unhealthful activities that may go uncontrolled by the operators
of the establishments such as violence, sexual harassment, public
intoxication, prostitution and other deleterious effects. Further,
there is presently no mechanism to make the owners of these establishments
responsible for the activities that occur on their premises.
C.
Communicable diseases may be spread by activities occurring in adult
use businesses including but not limited to the AIDS virus as well
as hepatitis.
