A Zoning Ordinance regulating and restricting the height, location,
size and use of buildings and/or land in the Borough of Stroudsburg,
Pennsylvania; the areas to be occupied by buildings in proportion
to the size of the lots upon which they stand: the size of yards and
other open spaces appurtenant thereto and the density of population,
and for these purposes establishing districts and boundaries, and
designating and regulating residential, commercial and industrial
or other uses within such districts and boundaries and providing for
the appointment of a Zoning Hearing Board, and setting forth the duties
and functions of said board and providing for administration, charges
and enforcement of this chapter and providing penalties for violation
thereof.
This Zoning Ordinance shall be known and may be cited as "The
Zoning Ordinance of the Borough of Stroudsburg, Pennsylvania". It
is also hereinafter referred to as Zoning Ordinance.
The purpose of this Zoning Ordinance is to promote the public
health, safety, morals and general welfare by:
1.
Encouraging the most appropriate use of land.
2.
Preventing the overcrowding of land.
3.
Conserving the value of land and buildings.
4.
Lessening the congestion of traffic on the roads.
5.
Avoiding undue congestion of population.
6.
Providing for adequate light and air.
7.
Securing safety from fire, flood and other dangers.
8.
Facilitating the adequate provision of transportation, vehicular
parking, loading space, water, sewerage, schools, parks and other
public facilities.
9.
Giving reasonable consideration, among other things, to the character
of districts and their popular suitability for particular uses.
10.
Giving effect to the statement of community development objectives
contained in this chapter.
In interpreting and applying the provisions of this Zoning Ordinance,
they shall be held to be the minimum requirements adopted for the
promotion of the public health, safety, morals and general welfare
of the Borough. Where the provisions of any statute, other ordinance
or regulation impose greater restrictions than this chapter, the provisions
of such statute, ordinance or regulation shall be controlling.
It is hereby declared to be the legislative intent that:
1.
If a court of competent jurisdiction declares any provision 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.
2.
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 decisions 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.
This chapter shall not apply to any existing or proposed building,
or extension thereof, used or to be used by a public utility corporation,
if upon petition of the corporation, the Pennsylvania Public Utility
Commission shall, after a public hearing, decide that the present
or proposed situation of the building in question is reasonably necessary
for the convenience or welfare of the public.
No building, sign or other structure or land shall be used or
occupied and no building or structure or part thereof shall be erected,
constructed, reconstructed, moved, enlarged or structurally altered
unless in conformity with the regulations of this chapter.
Hereafter, there shall be no use of any land, construction,
erection, alteration, or addition of any building or part of a building,
or land or construction or erection of any stationary sign unless
a zoning permit has been approved by and acquired from the Borough
Zoning Officer. Failure to obtain a zoning permit shall constitute
a violation of this chapter.
[Added by Ord. 646, 4/13/1988, § 1]
Prior to the initial use or occupancy of any building or land
parcel or for any change of use of any existing building or land,
an occupancy permit shall be secured from the zoning officer. Any
applications for occupancy permits shall be in writing on forms to
be furnished by the Borough.
