This chapter shall be known and cited as the "Pocono Township
Zoning Ordinance."
This chapter is hereby adopted in accordance with the requirements
of the Municipalities Planning Code, Act 247,[1] as amended, and the objectives of the municipality's Comprehensive
Plan designed to regulate the location, height, bulk and size of buildings
and other structures; the relation of such buildings or structures
to thoroughfares and their intersections and interchanges to transportation
arteries, to natural bodies of water and steep slopes, to public buildings
and public grounds, to airports and heliports, to historic buildings
and places and to floodplains; the percentage of lots that may be
occupied; the size and use of yards, courts and other open spaces;
the density and distribution of population; the uses of buildings
and structures and the uses of land for trade, industry, residences,
and other purposes; to conserve the value of existing buildings and
uses and to encourage continued use and development of land within
the municipality; to establish districts and regulations pertaining
to the use of land generally as well as specifically within certain
districts; to establish a Zoning Hearing Board with power to determine
and vary the application of the regulations hereby established in
harmony with their general purpose and intent; providing for the enforcement
of provisions herein and imposing penalties for their violations;
all for the purpose of promoting the health, morals, safety and general
welfare of the inhabitants of the municipality.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter is a comprehensive rezoning that replaces Pocono
Township Zoning Ordinance No. 16 and is hereby enacted to implement
the community development objectives contained in the municipality's
Comprehensive Plan. Such objectives are incorporated herein by reference.
A.
The provisions of this chapter shall be the minimum requirements
for the promotion of the health, safety, morals and general welfare.
Except where specifically provided to the contrary, it is not intended
to interfere with or abrogate or annul other rules, regulations or
ordinances, provided that where this chapter imposes a greater restriction
upon the use of buildings or premises or upon the height or bulk of
a building or requires larger open spaces, the provisions of this
chapter shall prevail.
B.
Interpretation standards. Any list of permitted or prohibited uses
shall not be deemed to be an exhaustive list but has been included
for the purposes of clarity and emphasis and to illustrate, by example,
uses which are desirable (permitted, special exception, conditional
uses). Whenever the Zoning Hearing Board makes an interpretation of
this chapter, then, unless other standards are in this chapter, the
decision shall be made so that the results will not be contrary to
the spirit and purpose of this chapter or injurious to the surrounding
neighborhood.
From and after the effective date of this chapter, the use of
all land and every building in Pocono Township shall be in conformity
with the provisions of this chapter. Any legally existing structure
or use not in conformity with the regulations herein prescribed shall
be regarded as nonconforming. Such use may be continued, extended
or changed, but only in conformity with the provisions of this chapter.
Following the effective date of this chapter:
A.
No structure shall be erected, constructed, razed, moved, altered,
rebuilt or enlarged; and no use of a structure or land or water area
shall be established or changed for any purpose nor in any manner
except in conformance with all regulations, requirements and controls
and after issuance of a zoning permit as specified in this chapter,
except as hereinafter provided.
B.
No structure hereafter constructed, erected, rebuilt, enlarged or
altered nor any use of land or water areas established under a zoning
permit shall be occupied or used in whole or in part for any use whatsoever,
and no change of use of any structure or land or water area shall
hereafter be made until an occupancy permit or change of use permit
has been issued by the Zoning Officer, indicating that the structure
or use complies with the provisions of this chapter.
[Added 12-4-2017 by Ord.
No. 2017-05]
The provisions of this chapter are severable and in the event
that any provision is held invalid, void, illegal, or unconstitutional
by any court, it is the intent of the Board of Commissioners that
such determination by the court shall not affect or render void the
remaining provisions of this chapter. It is the declared intent of
the Board of Commissioners that this chapter would have been enacted
if any provision subsequently declared to be void, invalid, illegal
or unconstitutional had not been included at the time of enactment.
