[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]
The general objectives of this chapter are:
To maximize the landowners ability to use his land without adversely affecting his neighbors.
To protect and encourage the most appropriate use of land.
To secure safety from fire, flooding, and other dangers.
To insure the provision of adequate light, water, sewage disposal, vehicle parking, the prevention of undue concentration of population and crowding of land.
To prevent traffic hazards and congestion, to conserve the value of property.
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.
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.
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.
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.
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]
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).
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.
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.
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.
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.
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.
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]
It is hereby declared to be the legislative intent that:
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.
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]
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.
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]
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:
All land, buildings and uses thereof shall be subject to:
The individual district regulations in Part 2 which are applicable to the zoning districts in which said buildings, uses or land shall be located.
The supplementary district regulations in Part 2 which are only applicable in the zoning district(s) specified in addition to the above noted regulations.
The regulations applicable to all districts in Part 3 which are applicable in all zoning districts in addition to the above regulations.
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.