A. 
Short title. This Chapter shall be known and cited as the "Millcreek Township Zoning Ordinance."
B. 
Long title. An ordinance of Millcreek Township, Erie County, Pennsylvania, to establish zoning regulations for the Use of land, Structures, open spaces, watercourses and other bodies of water; defining and regulating the size, height, bulk, location, erection, construction, repair, maintenance, alteration, demolition, area, intensity of Use and dimensions of land, Structures, open spaces and bodies of water for agricultural, business, industrial, residential, public service, environmental or other purposes; the density of population and intensity of Use; the provision of design specifications and performance standards; the percentage of Lots which may be occupied by Buildings; size of yards and open spaces; the establishment of legislative, administrative, enforcement and appeal procedures; prescribing fines and remedies for violations; and including severability and repealer clauses.
C. 
Headings and titles. The headings and titles of this Chapter are placed herein for convenience only and shall not be construed or interpreted as limiting the subject matter following the said headings or titles.
This Chapter is enacted to promote an orderly plan of development according to the goals, objectives and recommendations of the Millcreek Township Comprehensive Plan, as amended and updated (the "Comprehensive Plan"). The Comprehensive Plan includes data on existing conditions with reasonable consideration of the existing character of the various Uses within the Township and the respective suitability of particular land Uses.
The general purposes, which are the basis for the provisions and regulations of this Chapter, are set forth in the Millcreek Township Comprehensive Plan and in Sections 603 and 604 of the Municipalities Planning Code,[1] as amended. The zoning regulations and zoning districts set forth in this Chapter are made in accordance with the Comprehensive Plan for the general welfare of the Township and are intended, but not limited, to achieve the following objectives:
A. 
To create a distinctive and high-quality gateway district to Presque Isle by encouraging a variety of compatible Uses in the zoning district, implementing design standards and creating a walkable "complete street" that is a regional asset.
B. 
To strengthen neighborhood investment by providing for a variety of housing types that are affordable and attractive to all existing and future residents of all income levels and protecting historical and cultural resources.
C. 
To position commercial corridors for adaptation and redevelopment by providing land use flexibility, ensuring quality development and minimizing adverse impacts of such development.
D. 
To support business development by providing for adaptive reuse of marginal industrial and commercial properties in designated corridors.
E. 
To promote strong and sustainable stewardship of Township infrastructure by protecting parks, recreation area, environmentally sensitive areas, natural resources and agricultural land; ensuring the location and function of Streets and other community facilities and utilities; and encouraging open-space planning.
[1]
Editor's Note: See 53 P.S. §§ 10603 and 10604.
The provisions of this Chapter shall apply to all zoning districts, Lots, Uses, Buildings, Structures, land developments and subdivisions within the municipal boundaries of Millcreek Township, Erie County, Pennsylvania.
The provisions of this Chapter shall be construed and interpreted to constitute the minimum requirements for the promotion of the public health, safety and welfare.
A. 
Relationship with other ordinances, rules, regulations and permits. This Chapter is not intended to interfere with, abrogate or annul any ordinance, rule, regulation or permit previously adopted or issued, and not in conflict with any of the provisions of this Chapter, or which shall be adopted or issued, pursuant to the Use of Buildings or Premises and likewise not in conflict with this Chapter, subject to the provisions of § 145-5C.
B. 
Relationship to pre-existing agreements. This Chapter is not intended to interfere with, abrogate or annul any easement, covenant or other agreement between parties, subject to the provisions of § 145-5C.
C. 
Restrictions in ordinance to control. Where this Chapter imposes greater restrictions upon the Use of a Building, Structure or land, upon the bulk, height or size of a Building or Structure, coverage of Lots, establishes performance standards and regulations or requires larger open spaces than is or are required by other ordinances, regulations or permits or by easements or agreements, the provisions of this Chapter shall govern.
D. 
Greater restrictions elsewhere. Where any other ordinance, rule, regulation, permit, easement, covenant or agreement imposes greater restrictions than those set forth in this Chapter, such other restrictions shall govern.
E. 
Construction and other standards. Specific standards governing construction as are established in the Millcreek Township Code, Chapter 29, Code Enforcement, Part 3, Uniform Construction Code, and Chapter 125, Subdivision and Land Development, and other ordinance enacted by the Township or other governmental entity shall govern actual construction, this Chapter to govern administration and the submission of and action on applications for Zoning Permits and certificates.
F. 
Amendment and restatement. This Chapter constitutes and is intended to be a comprehensive amendment and restatement of the Millcreek Township Zoning Ordinance, first enacted as Ordinance No. 2 on April 4, 1949, amended and restated by Ordinance No. 100, enacted on September 15, 1958, and by Ordinance No. 74-29, enacted on December 30, 1974, including all amendments thereto enacted prior to the effective date of this amended and restated ordinance. All regulations in this Chapter shall be deemed to have been first enacted as of the effective date of the ordinance first establishing such regulation(s).
No Structure shall be located, erected, demolished, constructed, moved, altered externally, converted or enlarged, nor shall any Structure or land be used or be designed to be used, except in full compliance with all provisions of this Chapter, and the subsequent lawful issuance of all permits and certifications required by this Chapter.
Whenever a Use is not specifically authorized within any zoning district established under this Chapter and an individual makes an application to the Zoning Officer for such Use, the Use may be authorized within a specific zoning district if it is similar to and compatible with Uses permitted or authorized within that zoning district and in no way is in conflict with the general purpose and intent of this Chapter or any provision permitting or authorizing the same; provided, that the same shall comply with and follow all requirements of this Chapter. If the Zoning Officer denies the application, it may be appealed to the Zoning Hearing Board, which shall have the authority to permit or deny the proposed Use.