[Amended 4-14-2015 by Ord. No. 361]
This chapter shall be known and may be cited
as "The New Britain Borough Zoning Ordinance of 1994, as amended."
This chapter is enacted in accordance with the
Pennsylvania Municipalities Planning Code[1] 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 provision of adequate light and
air, access to incident solar energy; police protection; vehicle parking
and loading space; transportation, water, sewerage, 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 preservation of the
natural, scenic and historic values in the environment and preservation
of forests, wetlands, aquifers and floodplains.
B.
To prevent the following: overcrowding of land, blight,
danger and congestion in travel and transportation, loss of heath,
life or property from fire, flood, panic or other dangers.
C.
To provide for the use of land within the Borough
for residential housing or various dwelling types encompassing all
basic forms of housing.
D.
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.
E.
To comply with the requirements of the Pennsylvania
Municipalities Planning Code which requires that all municipalities
allow for commercial forestry as a permitted use in all zoning districts.
[Added 4-10-2001 by Ord. No. 287]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
In interpreting and applying the provisions
of this chapter, they shall be held to the minimum requirements for
the promotion of the public health, safety, comfort, convenience and
general welfare.
A.
Whenever any regulations made under authority of this
chapter require a greater width or size of yards, courts or other
open spaces, or require a lower height of buildings or smaller number
of stories, or require a greater percentage of lot to be left unoccupied,
or impose other higher standards than are required in or under any
other statute, the provisions of the regulations made under authority
of this chapter shall govern.
B.
Whenever the provisions of any other statute require
a greater width or size of yards, courts or other open spaces, or
require a greater percentage of lot to be left unoccupied, or impose
other higher standards than are required by any regulations made under
authority of this chapter, the provisions of such statute shall govern.
C.
This chapter does not repeal, abrogate, annul or in
any way impair or interfere with existing provisions of other laws
or ordinances, except those specifically or impliedly repealed by
this chapter, or any private restrictions placed upon property by
covenant, deed or other private agreement unless repugnant hereto.
D.
Any illustrations in this chapter are not a part of
this chapter, but are included herein for purposes of explanation
and clarification only.
It is hereby declared to be the intent of Borough
Council that:
A.
If a court of competent jurisdiction declares any
provisions of this chapter to be invalid or ineffective in whole or
in part, the effect of such decision shall be limited to those provisions
which are expressly stated in the decision to be invalid or ineffective,
and all other provisions of this chapter shall continue to be separately
and fully effective.
B.
If a court of competent jurisdiction finds the application
of any provision or provisions of this chapter to any lot, building
or other structure, or tract of land, to be invalid or ineffective
in whole or in part, the effect of such decision shall be limited
to the person, property, or situation immediately involved in the
controversy, and the application of any such provision to other persons,
property, or situations shall not be affected.
