[Ord. 84-14, 12/18/1984; as amended by Ord. 2008-1, 4/15/2008]
1.
Title. This Chapter is an ordinance establishing regulations and
restrictions for the location and use of lots, land, buildings, and
other structures; the height, number of stories and bulk of buildings
and structures; the density of population; requirements for cluster
developments; and off-street parking and similar accessory regulations
in the Borough of Mifflinburg, Union County, Pennsylvania, and for
said purposes dividing the municipality into districts and establishing
certain uniform regulations for each district and providing for administrative
enforcement and amendment of its provisions in accordance with the
Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805,
No. 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 101011 et seq.
2.
Short Title. This Chapter shall be known and may be cited as the
"Mifflinburg Borough Zoning Ordinance."
[Ord. 84-14, 12/18/1984; as amended by Ord. 2008-1, 4/15/2008]
This Chapter shall become effective immediately upon enactment.
[Ord. 84-14, 12/18/1984; as amended by Ord. 2008-1, 4/15/2008]
This Chapter is designed, adopted, and enacted:
A.
To provide the minimum conditions necessary to achieve the goals
of the Comprehensive Plan for the Borough of Mifflinburg.
B.
To promote the public's health, safety, morals, and the general
welfare; to encourage the most appropriate use of land; to conserve
and stabilize the value of property; to provide adequate open spaces
for light and air; to prevent undue concentration of population; and
to lessen congestion on streets and highways.
[Ord. 84-14, 12/18/1984; as amended by Ord. 2008-1, 4/15/2008]
Mifflinburg Borough has designed and adopted this Chapter in
order to promote the achievement of the following community development
objectives:
A.
To serve as an employment center for central and western Union County.
B.
To serve as an agricultural business center.
C.
To provide a range of housing choices for local citizenry.
D.
To protect and maintain the housing investments of existing and future
citizens.
E.
To maintain a density of population and intensity of development
which can feasibly be served by the streets and other public facilities
which now exist or can reasonably be provided by the Borough without
creating an undue burden.
[Ord. 84-14, 12/18/1984; as amended by Ord. 2008-1, 4/15/2008]
In the interpretation and the application of the provisions
of this Chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals and general welfare.
It is not intended to interfere with, abrogate, or annul other rules,
regulations, or ordinances pertaining to the use of buildings or premises,
the height or bulk of a building, and the requirements for larger
open spaces.
[Ord. 84-14, 12/18/1984; as amended by Ord. 98-04, 5/19/1998;
and by Ord. 2008-1, 4/15/2008]
Except as provided for elsewhere within this Chapter:
1.
No building, structure, or land shall be used or occupied and no
building or structure shall hereafter be located, erected, constructed,
reconstructed, moved, extended, enlarged, converted or structurally
altered except in conformity with all the regulations herein specified
for the district in which it is located.
2.
No part of a yard, or other space, or off-street parking or loading
space required with any building for the purpose of complying with
this Chapter, shall be included as part of a yard, open space, or
off-street parking or loading space similarly required for any other
building.
3.
No yard or lot existing at the time of passage of this Chapter shall
be reduced in dimension or area below the minimum requirements established
by this Chapter.
4.
When a specific use is neither permitted nor prohibited in the Schedule
of District Regulations, the Zoning Hearing Board, with the recommendation
of the Planning Commission, shall make the determination as to the
similarity or compatibility of the use in question to the permitted
uses in the district, basing its decision on the overall intent stipulated
for the district by Part 3.
5.
In cases of mixed use, the regulations for each use shall apply to
the portion of the building or land so used.
6.
The Borough of Mifflinburg is exempt from the application of the
Zoning Regulations as they pertain to use of property in the Residential
Urban Zoning District only as it pertains to the Borough's utilizing
this district for Christkindl Market celebrations, for the celebration
of Mifflinburg Buggy Days, and other similar events.
[Ord. 84-14, 12/18/1984; as amended by Ord. 2008-1, 4/15/2008]
The provisions of this Chapter shall be severable; and if any
of these provisions shall be held or declared illegal, invalid, or
unconstitutional by any court of competent jurisdiction, the validity
of the remaining provisions of this Chapter shall not be affected.
It is hereby declared as the legislative intention that this Chapter
would have been adopted had such unconstitutional provisions not been
included herein.
[Ord. 84-14, 12/18/1984; as amended by Ord. 2008-1, 4/15/2008]
All ordinances or parts of ordinances in conflict with this
Chapter, to the extent of such conflict and no further, are hereby
repealed.
