The official title of this chapter is "the Zoning Ordinance
of the City of Nanticoke."
In interpreting and applying the provisions of this chapter,
they shall be held to the minimum requirements for the protection
and promotion of the public health, safety, convenience, comfort,
morals, and general welfare of the residents of the City of Nanticoke.
In the event of any conflict in the application of this chapter with
other applicable public or private provisions, the following shall
apply:
A. Public provisions. The regulations of this chapter
are not intended to interfere with or abrogate or annul any other
ordinance, rules or regulations previously adopted or previously issued
by the which are not in conflict with any provisions of this chapter.
Where this chapter imposes a greater restriction upon the use of land,
structure or building than any other previously adopted ordinance,
rules, or regulations of City of Nanticoke, the provisions of this
chapter shall apply.
B. Private provisions. The regulations of this chapter
are not intended to interfere with or abrogate or annul any easement,
covenant or other form of private agreement or restriction, provided
that where the provisions of this chapter impose a greater restriction,
the requirements of this chapter shall govern. City of Nanticoke shall
not, however, be held responsible for knowledge and/or enforcement
of any private deed restriction, private covenant or other form of
private agreement which may be inconsistent with the provisions of
this chapter and/or beyond the scope of regulations contained within
this chapter.
In the event that any provisions within this chapter are found
to be in conflict with another provision of this chapter, and/or any
other ordinance, law, or regulation of the City of Nanticoke, state
or United States government, the most restrictive shall apply.
This chapter is enacted to accomplish the purposes enumerated
in Section 604 of the Pennsylvania Municipalities Planning Code, Act
247, as amended. The provisions of this chapter are designed to achieve
the following:
A. To promote, protect and facilitate one or more of the
following: the public health, safety, morals, general welfare, coordinated
and practical community development, proper density of population,
emergency management preparedness, airports and national defense facilities,
the provisions of adequate light and air, access to incident solar
energy, police protection, vehicle parking and loading space, transportation,
water, sewage, schools, recreational facilities, public grounds, the
provision of a safe, reliable and adequate water supply for domestic,
commercial, agricultural or industrial use, and other public requirements;
as well as reservation of natural, scenic and historic values in the
environment and preservation of forests, wetlands, aquifers and floodplains.
B. To prevent one or more of the following: overcrowding
of land, blight, danger and congestion in travel and transportation,
loss of health, life or property from fire, flood, panic or other
dangers.
C. To preserve prime agriculture and farmland considering
topography, soil type and classification, and present use.
D. To provide for the use of land within the municipality
for residential housing of various dwelling types encompassing all
basic forms of housing, including single-family and two-family dwellings,
and a reasonable range of multifamily dwellings in various arrangements,
mobile homes and mobile home parks; provided, however, that this chapter
shall not be deemed invalid for the failure to provide any other specific
dwelling type.
E. To accommodate reasonable overall community growth,
including population and employment growth and opportunities for development
of a variety of residential dwelling types and nonresidential uses.
The enactment of this chapter is intended to assist in achieving
and promoting the following community development objectives of Comprehensive
Plan of City of Nanticoke.
All ordinances, or any parts thereof, which are inconsistent
or in conflict with this chapter are hereby repealed to the extent
of such conflict.
This chapter shall become effective from the date of its approval
and adoption, as provided for by law. In particular, and not by way
of limitation, the Nanticoke Zoning Ordinance (Ord. 12-1993, 6-3-1993,
§ 101), as amended, including the official Zoning Map, as
referenced to be part of said Ordinance per § 27-401, is
hereby repealed in its entirety.