[Ord. 315, 9/11/1974, § 101]
This chapter shall be known as and may be cited as the "Manor
Borough Zoning Ordinance."
[Ord. 315, 9/11/1974, § 102; as amended by Ord.
514, 7/15/2009, § II; by Ord. 520, 7/21/2010, § II;
and by Ord. 539, 12/5/2012, § II]
1.
The general objectives of this chapter are:
A.
To maximize the landowners ability to use his land without adversely
affecting his neighbors.
B.
To protect and encourage the most appropriate use of land.
C.
To secure safety from fire, flooding, and other dangers.
D.
To insure the provision of adequate light, water, sewage disposal,
vehicle parking, the prevention of undue concentration of population
and crowding of land.
E.
To prevent traffic hazards and congestion, to conserve the value
of property.
F.
To facilitate the provision of public and private development in
harmony with these purposes and to promote the health, safety, general
welfare, morality and convenience of the public.
G.
To provide for the orderly development, expansion and improvement
of the central business district by a unified and organized arrangement
of buildings, services and parking areas, together with adequate circulation
and open space, all planned and designed as an integrated unit, in
a manner so as to provide an efficient, safe, convenient, and attractive
shopping area.
H.
To provide for the preservation and conservation of the natural environmental
and natural resources and areas of particular value for recreational
purposes while providing for such uses and development as are compatible
with these objectives.
I.
To provide for the health, safety, welfare and proper environment
of the residents and their property in the Borough of Manor; to provide
the procedures for the issuance of permits and approvals to enable
oil and gas deposits to be extracted through direct, on-site wells;
to permit wells to be drilled and placed in production in a safe manner
with due regard for protection of existing structures, uses, property
and persons residing and working within the Borough of Manor; and
for the preservation and conservation of the natural environmental
and natural resources and areas of particular value while providing
for such uses and development as are compatible with these objectives.
J.
It is also the purpose of this chapter to provide for the health,
safety, welfare and proper environment for the residents and those
persons being or working within the Borough and their properties;
to provide the procedures for the issuance of conditional use permits
to enable oil and gas deposits to be extracted through direct, on-site
wells; to permit, by conditional use permits, wells to be drilled
and placed into production and oil and gas operations to be undertaken
and conducted in a safe manner with due regard for the protection
of buildings, structures, uses and property and in a safe and healthy
manner with due regard for the protection of persons being, residing
and working within the Borough; and for the protection of natural
resources and other environmental features.
[Ord. 315, 9/11/1974, § 103; as amended by Ord.
539, 12/5/2012, § IV]
1.
In interpreting and applying the provisions of this chapter, such provisions shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, general welfare, and community development objectives (§ 27-102).
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
will 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 and regulations made under authority of this
chapter, the provisions of such statute shall govern.
C.
Unless prohibited or preempted by state or federal law, where the
provisions of this chapter are more restrictive or impose more duties,
obligations or responsibilities upon persons or the use, development
or occupancy of land or buildings and structures than any other provision
of another law, ordinance, rule or regulation of any kind, then the
provisions of this chapter shall govern.
D.
This chapter is not intended to annul any permits issued prior to
the effective date of the chapter nor to abrogate any easement, servitude,
condition, restriction, covenant, or other private agreement; provided,
that where the provisions of this chapter are more restrictive than
such easements, servitudes, conditions, restrictions, covenants or
other private agreements, the requirements of this chapter shall govern.
E.
The Borough Council finds that oil and gas operations are industrial
uses. Any provision of this chapter or any activity undertaken pursuant
to the terms of this chapter and the administration and enforcement
of the same that imposes conditions, requirements or limitations on
the construction of oil and gas operations shall not be construed
or interpreted to be more stringent than conditions, requirements
or limitations imposed on construction activities for other permitted
industrial uses within the Borough.
F.
Any provision of this chapter or any activity undertaken pursuant
to the terms of this chapter and the administration and enforcement
of the same that imposes conditions, requirements or limitations on
the heights of structures, screening and fencing, lighting or noise
relating to permanent oil and gas operations shall not be construed
or interpreted to be more stringent than conditions, requirements
or limitations imposed on construction activities for other permitted
industrial uses or land development within each applicable zoning
district where the oil and gas operations are situate within the Borough.
[Ord. 315, 9/11/1974, § 104]
1.
It is hereby declared to be the legislative intent 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.
[Ord. 315, 9/11/1974, § 105]
1.
This chapter shall not apply to any existing or proposed building,
structure, or extension thereof, used or to be used by public utility
corporations, 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 or structure in
question is reasonably necessary for the convenience or welfare of
the public.
2.
Additionally, such public utility corporation, after any required
public hearing, but in any case at least 60 days prior to entering
into negotiations with any land owner for purchase, lease or easement
shall so notify the Borough Council of such intended action.
[Ord. 315, 9/11/1974, § 106]
The grant of a zoning permit in any district shall not constitute
a representation, guarantee or warranty of any kind by the Borough
and cooperating agencies, or by any official or employee thereof of
the practicability or safety of the proposed use, and shall create
no liability upon the Borough, its officials, cooperating agencies,
and employees.
[Ord. 315, 9/11/1974, § 107]
No structure shall be located, erected, constructed, reconstructed,
moved, converted or be designed to be used, except in full compliance
with all provisions of this chapter and after the lawful issuance
of all permits and certificates required by this chapter.
[Ord. 315, 9/11/1974, § 110]
1.
Any building erected hereafter, any changes in uses of land or buildings
established hereafter, any relocation of existing building occurring
hereafter, any enlargements of or additions to existing uses occurring
hereafter shall be subject to all regulations of this chapter as follows:
A.
All land, buildings and uses thereof shall be subject to:
(1)
The individual district regulations in Part 2 which are applicable
to the zoning districts in which said buildings, uses or land shall
be located.
(2)
The supplementary district regulations in Part 2 which are only
applicable in the zoning district(s) specified in addition to the
above noted regulations.
(3)
The regulations applicable to all districts in Part 3 which
are applicable in all zoning districts in addition to the above regulations.
2.
All regulations shall be subject to the rules and definitions in
Part 6 and shall be administered and enforced by the Zoning Officer,
unless stated otherwise, as in the case of appeals, challenges, special
exceptions and variations granted by the Zoning Hearing Board and
amendments issued by the Borough Council.
[Ord. 315, 9/11/1974, § 111]
The Borough Council shall appropriate from general funds or
other sources, monies to finance the preparation, administration and
enforcement of this chapter, to finance the work of the Zoning Hearing
Board and to support or oppose, upon appeal to the courts, decisions
of the Zoning Hearing Board. For the same purposes, the Borough Council
may accept gifts and grants of money and services from private sources
and from the commonwealth and federal government. The Borough Council
shall prescribe fees to be charged to the administration of this chapter.
