[Ord. 378, 2/14/2005, § 100]
The official title of this chapter is the "Zoning Ordinance
of the Borough of Thornburg" or the "Zoning Ordinance."
[Ord. 378, 2/14/2005, § 101]
This chapter shall take effect immediately upon adoption by
the Borough Council of Thornburg.
[Ord. 378, 2/14/2005, § 102]
This chapter is adopted by virtue of the authority granted to
the Borough by the Commonwealth of Pennsylvania in the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended by Act 170
of 1988, 53 P.S. 10101 et seq., as may be amended from time to time.
[Ord. 378, 2/14/2005, § 103]
1.
When the language of this chapter is clear and there are conflicts
between the provisions of this chapter and any other ordinance or
regulation, the more restrictive provision shall apply.
2.
The provisions of this chapter shall be considered minimum requirements
adopted for the promotion of the health, safety and general welfare
of the public and any applicant can exceed these minimum requirements.
3.
When the language of this chapter is ambiguous, in determining 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
language written and enacted by Borough Council, in favor of the property
owner and against any implied extension of the restriction.
[Ord. 378, 2/14/2005, § 104]
1.
The goals and objectives of the 1991 CRT Comprehensive Plan, as amended,
and the 2004 Thornburg Updated Land Use Element are hereby incorporated
by reference. The general community development objectives on which
this chapter is based are:
A.
The general objective for the development of the Borough of Thornburg
is to provide a pleasant, attractive, healthy, safe and convenient
environment for living, working, education, shopping and recreation.
This objective shall be pursued by the creation and implementation
of land use plans to:
(1)
Preserve and improve the natural environment.
(2)
Provide safe, adequate and attractive housing.
(3)
Increase property values, employment opportunities, and the
economic base of the community.
(4)
Provide the necessary infrastructure of utilities and transportation
arteries.
(5)
Provide recreational and community facilities.
B.
The preservation and improvement of the environment shall be pursued
by:
(1)
The elimination of visual and physical blight such as overhead
utility lines, concentration of signs of excessive size and proximity,
large expanses of uninterrupted pavement, dilapidated structures and
trash.
(2)
The preservation of existing trees and green space, natural
topography and wooded slopelands, including the limiting of hillside
development beyond a reasonable gradient, the control of floodplains
and water sheds.
(3)
The reclamation of derelict land.
(4)
The municipal acquisition and the promotion of the dedication
of natural open space and wooded slopeland to link the existing and
proposed park sites and neighborhoods, and to prevent ecological problems
resulting from wooded slopeland development.
C.
The provision of safe, adequate and attractive housing for the entire
population of the community shall be pursued by:
(1)
The provision of a wide range of housing density alternatives;
preservation of a mix of housing types; correlation of residential
density and housing type with topography, existing conditions and
the capacity of and distance from existing and proposed utilities,
streets and community facilities.
(2)
The rehabilitation and removal of deteriorating housing, the
maintenance of sound housing and the development of new housing.
(3)
The promotion of an attractive residential environment through
the implementation of the other objectives set forth herein.
D.
The increase of property values, employment opportunities and the
economic base of the community shall be pursued by:
(1)
The promotion of industrial growth and employment opportunities.
(2)
The concentration of commercial and industrial uses in the areas
where streets and utilities can provide the necessary services and
where conflicts with other uses can be minimized through site design
and transitional provisions.
(3)
The implementation of the other objectives set forth herein.
E.
The provision of the necessary infrastructure of utilities and transportation
arteries shall be pursued by:
(1)
The extension of the municipal improvements of water lines,
storm and sanitary sewers and roads and their improvement where economically
feasible to guide and promote development.
(2)
The encouragement of public utilities to improve and extend
services consistent with the objectives set forth herein.
(3)
Traffic planning and control which will provide safe, rapid
and convenient movement of people and goods within and through the
municipalities, with a separation of through and local traffic, and
minimal disruption of existing and proposed development patterns and
community integrity.
(4)
Promote safe and convenient circulation for pedestrians and
bicycles.
F.
The provision of recreational and community facilities shall be pursued
by:
(1)
The creation of outdoor and indoor recreational facilities to
accommodate the existing and future population.
(2)
The promotion of schools and parks in close proximity to decrease
duplication of services and provide the greatest value for public
expenditures.
(3)
The promotion of acquisition or dedication of natural open space
for park and recreational purposes.
(4)
The provision of residential areas with adequate commercial,
governmental, recreational and educational facilities.
(5)
The preservation of historical landmarks.
G.
The creation and implementation of land use plans shall seek to achieve
the foregoing objectives and to:
(1)
Achieve the purpose for which each Zoning District is intended,
as stated in the purpose statements for each Part of this chapter
which are to be considered a part of these development objectives,
and incorporated herein.
(2)
Protect against the detrimental effect of incompatible land
uses through planting, open space and natural breaks in topography.
(3)
Concentrate development where possible to prevent sprawl, conserve
open space and make full use of utilities and services.
(4)
Provide site plan control.
[Ord. 378, 2/14/2005, § 105]
[Ord. 378, 2/14/2005, § 106]
This chapter, including the Zoning District Map, together with
all amendments thereto, shall be on file and may be viewed by any
interested person in the office of the Borough Secretary.
[Ord. 378, 2/14/2005, § 107]
No structure shall be located, erected, constructed, reconstructed, moved, altered, converted or enlarged; nor shall any structure or land be used or designed to be used, except in full compliance with all the provisions of this chapter and after the lawful issuance of all permits and certificates required by Part 15 of this chapter.
[Ord. 378, 2/14/2005, § 108]
The regulations of this chapter shall not apply to any existing
or proposed structure, or use or extension thereof, used or to be
used by a public utility corporation, if upon petition of the corporation,
the Public Utility Commission, after a public hearing, decides that
the present or proposed situation of the structure in question is
reasonably necessary for the welfare of the public, provided no threat
to the health or safety to the public is presented.
