The Borough of Mount Pocono Zoning Ordinance of October 3, 1994, as amended, is hereby amended and restated in its entirety as hereinafter set forth. This chapter is not intended to and shall not be construed to affect or change any other ordinance, code or regulation of the Borough of Mount Pocono. If any other ordinance, code or regulation of the Borough of Mount Pocono is in conflict or inconsistent with the requirements of this chapter, the most restrictive standards and provisions shall apply.
A. 
Title. An ordinance permitting, prohibiting, regulating, restricting, and determining the uses of land, watercourses, and other bodies of water; the size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures; the areas and dimensions of land and bodies of water to be occupied by uses and structures as well as courts, yards, and other open spaces and distances to be left unoccupied by uses and structures; the density of population and intensity of use; creating zoning districts and establishing the boundaries thereof; authorizing the appointment of a Zoning Officer; creating a Zoning Hearing Board; and providing for the administration, amendment, and enforcement of the ordinance, including the imposition of penalties.
B. 
Short title. This chapter shall be known and may be cited as the "Borough of Mount Pocono Zoning Ordinance."
This chapter is adopted in accord with the Borough Comprehensive Plan (see § 215-9) and an overall land use management program and with consideration for the character of the municipality, its various parts and the suitability of the various parts for particular uses and structures. This chapter is enacted for the following purposes:
A. 
To promote, protect and facilitate any or all of the following: the public health, safety, morals, and the general welfare; coordinated and practical community development and proper density of population; emergency management preparedness and operations, 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, sewerage, schools, recreational facilities, and 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 preservation of the 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 woodland, prime agricultural soil, greenways and other open land, considering topography, soil type and classification, and present use.
D. 
To provide for the use of land within the Borough 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 for 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.
A. 
Conformance. Any activity regulated by this chapter shall only occur or be undertaken and be continued in conformance with the requirements of this chapter.
B. 
Authorization. This chapter regulates all matters and activities authorized by Article VI of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10601 et seq.
C. 
Regulated activities. Any of the following activities or any other activity or matter regulated by this chapter shall only be undertaken after the required permit or approval has been obtained in full compliance with this chapter:
(1) 
Erection, construction, movement, placement or extension of a structure, building or regulated sign;
(2) 
Change in the type of use or expansion of the use of a structure or area of land; and/or
(3) 
Creation of a lot or alteration of lot lines.
D. 
Repairs and maintenance. Ordinary repairs, structural strengthening, facade improvements and maintenance to existing structures that do not infringe upon a required setback may be made without a zoning permit, provided such activity does not involve 1) a change in use; 2) an expansion, construction or placement of a structure; 3) an increase in the number of dwelling units or boardinghouse units; and/or 4) any other activity regulated by this chapter.
In interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and the general welfare of the Borough and its citizens. It is not intended to interfere with or abrogate or annul other rules, regulations, or ordinances of the Borough except that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of a building, or requires larger open spaces than are imposed by such other rules, regulations, or ordinances, the provisions of this chapter shall control.
In the event that any provision, section, sentence, or clause of this chapter shall be held to be unconstitutional, such invalidity shall not affect or impair any remaining part of this chapter, it being the intent of the Borough that such remainder shall be and shall remain in full force and effect.
This chapter shall take effect immediately upon its adoption.