A.
Designation. For the purposes of this chapter, the
Borough of Mount Pocono is hereby divided into the following zoning
districts:
[Amended 1-3-2012 by Ord. No. 2-2012; 12-2-2013 by Ord. No. 5-2013]
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AHZ
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Airport Hazard Zoning
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R-1
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Residential Low Density, Single-Family
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R-2
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Residential Low Density, Single-Family and Duplex
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R-3
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Residential Medium Density, Mixed Type
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C-1
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Commercial, Downtown
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C-2
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Commercial, General
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M
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Industrial
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R-LM
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Railroad-Light Manufacturing
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B.
Intent. The intent of each district and the uses permitted
in each district are set forth on the District Use Schedules[1] contained in this chapter or in the specific sections
establishing any overlay district. Bulk and density standards for
each district are set forth on the Schedule of Development Standards[2] contained in this chapter.
C.
Floodplain Overlay District. The Floodplain Overlay
District is hereby created to be coterminous with the areas which
are subject to the 100-year flood, as identified in the most current
Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management
Agency. In addition to all other applicable standards of this chapter,
the floodplain regulations in the Borough's Floodplain Ordinance[3] shall apply in the Floodplain Overlay District. The identified
floodplain area may be modified only in accord with the requirements
of the Borough's Floodplain Ordinance and the Federal Emergency Management
Agency.
D.
Wellhead Protection Overlay District. The Wellhead Protection Overlay District is hereby created to include all of the land defined as wellhead protection zones as delineated in Article XIII of this chapter. In addition to all other applicable standards of this chapter, the requirements of Article XIII shall apply in the Wellhead Protection Overlay District.
E.
Airport Overlay District. The Airport Overlay District is hereby created to include all of the land lying beneath the approach surfaces, primary surfaces, transitional surfaces, horizontal surfaces and conical surfaces as applied to airports as defined and regulated by Article XIV of this chapter. In addition to all other applicable standards of this chapter, the requirements of Article XIV shall apply in the Airport Overlay District.
The location and boundaries of said Districts
are hereby established as shown on the Official Zoning Map of the
Borough of Mount Pocono; which is hereby adopted by reference and
declared to be a part of this chapter together with all amendments
thereto. The Official Zoning Map shall be identified by the signature
of the President of the Borough Council, attested to by the Borough
Secretary, and shall bear the adoption date of this chapter and the
seal of the Borough under the following words: "This is to certify
that this is the Official Zoning Map of the Borough of Mount Pocono."
The copy of the Official Zoning Map maintained by the Borough in the
Borough Office shall be the final authority on all zoning district
boundaries.
A.
Establishment. District boundary lines are intended
to follow or be parallel to the center line of streets, streams and
railroads, and lot or property lines as they exist on a recorded deed
or plan of record in the Monroe County Recorder of Deeds Office and
on the Monroe County Tax Maps at the time of the enactment of this
chapter, unless such district boundary lines are fixed by dimensions
or otherwise as shown on the Official Zoning Map.
B.
Interpretation. Where district boundaries are indicated
as approximately following the center lines of streets or highways,
street lines, or highway right-of-way lines, such center lines, street
lines, or highway right-of-way lines shall be construed to be such
boundaries. Where district boundaries are so indicated that they approximately
follow the lot lines, such lot lines shall be construed to be said
boundaries. Where district boundaries are so indicated that they are
approximately parallel to the center lines or street lines of streets,
or the center lines or right-of-way lines of highways, such district
boundaries shall be construed as being parallel thereto and at such
distance therefrom as indicated on the Official Zoning Map. If no
distance is given, such dimensions shall be determined by the use
of the scale shown on the Official Zoning Map. Where the boundary
of a district follows a railroad line, such boundary shall be deemed
to be located in the middle of the main tracks of said railroad line.
C.
Uncertainty. In the event of uncertainty as to the
true location of a district boundary line in a particular instance,
the Zoning Officer is authorized to determine the correct district
boundary in accord with the guidelines of this chapter. Any decision
of the Zoning Officer may be appealed to the Zoning Hearing Board.
D.
Annexation. Until otherwise classified, all territory
that may hereafter be annexed to the Borough shall be considered to
be zoned in the same manner as the territory inside the previous Borough
limits that is contiguous to it. If such annexed territory abuts more
than one zoning district, the Borough Council will determine an appropriate
point of division.
District regulations are of two types, use regulations
and development standards, which shall apply to any proposed new use,
expansion of an existing use or change of use of any land or structure.
A.
Use regulations. District Use Regulations are provided
in the Schedule of Uses.[1]
(1)
Permits for principal permitted uses and accessory
uses shall be issued by the Zoning Officer, provided such uses comply
with the standards in this chapter.
(2)
Conditional uses and special exception uses are permitted
uses which require individual consideration because of their special
characteristics and are referred to the Planning Commission for review
and preparation of a recommendation to the Borough Council and the
Zoning Hearing Board, respectively. Following a public hearing, and
based on its determination that the proposed use meets the standards
of this chapter, the Borough Council for conditional uses and the
Zoning Hearing Board for special exceptions may approve the issuance
of a zoning permit by the Zoning Officer.
(3)
No land and no structure in a particular zoning district
shall be used for any use which is not specifically listed on the
Schedule of Uses[2] for that particular district, and only in accord with
all other requirements of this chapter. In other words, any use not
specifically permitted by this chapter within a zoning district shall
be deemed to be prohibited within that zoning district. If a use which
could be included in a more general use is listed as a separate use
in any district Schedule of Uses, such use shall be permitted only
in the district where it is specifically listed. Larger lot sizes,
greater setbacks, buffers and other more restrictive standards may
be required by other provisions of this chapter. In cases where this
chapter provides different requirements for the same use, the most
restrictive requirement shall apply.
[2]
Editor's Note: Said schedule is an attachment
to this chapter.
[1]
Editor's Note: Said schedule is an attachment
to this chapter.
B.
Uses not specified in Schedule of Uses.[3]
(1)
Jurisdiction. Whenever a use is neither specifically
permitted nor specifically denied in any zoning district established
under this chapter and an application is made to the Zoning Officer
for such use, the application shall be submitted to the Zoning Hearing
Board which shall have the authority to permit the use or deny the
use as a special exception.
(2)
Findings. The use may be permitted only if the Zoning
Hearing Board makes all of the following findings, and the burden
of proof shall be upon the applicant:
(a)
The use is similar to and compatible with the
uses listed for the subject zoning district by the Schedule of Uses.
(b)
The use in no way conflicts with the intent
of the zoning district and the general purpose and intent of this
chapter.
(c)
The use is not permitted in any other zoning
district.
(3)
Planning Commission review. At the time the application
is submitted to the Zoning Hearing Board, the Zoning Officer shall
also provide a copy to the Planning Commission for its recommendation.
The Zoning Hearing Board shall not conduct a public hearing on the
application until the comments from the Planning Commission are received
or 30 days have passed from the time the application was referred
to the Planning Commission.
(4)
Conditions. The Zoning Hearing Board may attach reasonable
conditions and safeguards to any special exception approval granted
for a use not specified in the Schedule of Uses, incorporating standards
in this chapter for similar uses in the district and such other conditions
as the Zoning Hearing Board may deem necessary to protect and promote
the public health, safety, morals and welfare and to implement the
purposes of this chapter and the Pennsylvania Municipalities Planning
Code.[4]
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: Said schedule is an attachment
to this chapter.
C.
Development standards. The Schedule of Development
Standards[5]establishes minimum standards for lot area, lot depth,
average lot width and front, side and rear yards, and establishes
maximum standards for building height and lot coverage. The standards
also establish specific standards and criteria that apply to the use
as may be appropriate to protect the public health, safety and welfare.
Larger lot sizes, increased setbacks and other more restrictive standards
may be required in accord with other ordinance sections.
[5]
Editor's Note: The Schedule of Development
Standards is an attachment to this chapter.
D.
Table of Uses Permitted by District. The Table of
Uses Permitted by District[6] summarizes the various uses according to the classification
of the use in the zoning district. The table is for reference only,
and the Schedule of Uses and all underlying Zoning Ordinance sections
shall be the final determinant for regulation.
[6]
Editor's Note: The Table of Uses Permitted
by District is an attachment to this chapter.
[Amended 12-2-2013 by Ord. No. 5-2013]
A.
Permitting certain uses in the Borough of Mount Pocono would have a profound negative effect on the community, and areas for the development of such uses are clearly available when growth and development is considered regionally. In addition, permitting the uses listed in this § 215-17 would violate the basic tenet of zoning regulations: to protect established uses from the externalities (negative impacts) of incompatible uses. In addition, given the detrimental effect, the identified uses are hereby declared to be a public nuisance, the elimination of which is necessary to protect the public health, safety and general welfare of the residents of the Borough and public at large.
B.
The following uses shall not be permitted in any location in the Borough (see definitions in Article III):
(1)
Airports.
(2)
Concentrated animal feeding operations.
(3)
Livestock operations and the keeping of any livestock.
(4)
Menageries, zoos and keeping of wild or exotic animals.
(5)
Shooting ranges, outdoor.
(6)
Stables, commercial and private.
(7)
Tents for commercial uses except in accord with § 215-21G(3)(d).
(8)
Any other use not meeting all applicable requirements of this chapter.
