A.
Long title. The long title of Ordinance Number 03-769 is "An Ordinance to Repeal the Existing Borough of Shippensburg Zoning Ordinance Chapter 150, as Amended, and Enact a New Borough of Shippensburg Zoning Ordinance to Establish Zoning Regulations for the Use of Land and Structures, Areas of Lots, Bulk of Buildings and Other Structures, the Density of Population, and All Other Associated Regulations Pertaining to the Zoning Ordinance, and for Such Purposes to Divide the Borough into Districts, and Further to Provide for the Administrative Enforcement and Amendment Therefor in Accordance With the Provisions of the Pennsylvania Municipalities Planning Code, PA Act 247, and to Repeal All Ordinances in Conflict Herewith."
B.
Short title. This chapter shall be known and may be cited as the "Shippensburg Zoning Ordinance." Ordinance Number 03-769 shall constitute Chapter 150 of the Code of the Borough of Shippensburg, and its provisions shall be editorially renumbered consistent therewith. For ease of use in the Codified Ordinances of the Borough, the use of "chapter" is synonymous with "this ordinance."
It is the intent, purpose and scope of this
chapter to protect and promote safety, protecting amenity, convenience,
future governmental, economic, practical, and social and cultural
facilities, development and growth, as well as the improvement of
governmental processes and functions, and to guide uses of land and
structures, type and location of streets, public grounds and other
facilities.
From and after the effective date of this chapter,
the use of all land and every building or structure or portion of
a building or structure erected or altered with respect to height
and area, added or relocated, and every use within a building or accessory
use within the Borough of Shippensburg shall be in conformity with
the provisions of this chapter. Any lawfully existing building or
structure and any use of a building or land not in conformity with
the regulations herein prescribed shall be regarded as nonconforming
but may be continued, extended or changed, subject to the regulations
herein provided with respect to nonconforming uses.
A.
In interpreting and applying the provisions of this
chapter, they shall be held to be the minimum requirements for the
promotion of public health, safety and welfare. Where the provisions
of this chapter impose greater restrictions than those of any statute,
regulation or ordinance, the provisions of this chapter shall be controlling.
Where the provisions of any statute, regulation or ordinance impose
greater restriction than this chapter, the provisions of such statute,
regulation or ordinance shall be controlling.
B.
Further, in interpreting the language of zoning ordinances
to determine the extent of the restriction upon the use of the property,
the language shall be interpreted, where doubt exists as to the intended
meaning of the language written and enacted by the Council, in favor
of the property owner and against any implied extension of the restriction.
It is not intended by this chapter to repeal,
abrogate, annul, or interfere with any existing ordinances or resolutions,
or with any rule, regulation or permit adopted or issued thereunder,
except as provided, and only to the extent permitted by the provisions
of the Pennsylvania Municipalities Planning Code, as amended.[1] Where this chapter imposes greater restrictions upon the
use or development of buildings or land, the provisions of this chapter
shall control. Furthermore, if a discrepancy exists between any regulations
contained within this chapter and any other Borough regulations, the
regulation which imposes the greater restriction shall apply.
[1]
Editor's Note: See 53 P.S. § 10101.
Should any section or provision of this chapter
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of this chapter as a whole
or any other part hereof.
Whenever, under this chapter, a use is neither
specifically permitted nor denied, and an application is made by an
applicant to the Zoning Officer for such use, the Zoning Officer shall
refer the application to the Borough Council to hear and decide such
request as a conditional use. The Borough Council shall have the authority
to permit the use or deny the use in accordance with the standards
governing conditional use applications. The use may be permitted if
it is similar to and compatible with the permitted uses in the zone
in which the subject property is located, is not permitted in any
other zone under the terms of this chapter, and in no way is in conflict
with the general purposes and intent of that section. The burden of
proof shall be upon the applicant to demonstrate that the proposed
use meets the foregoing criteria and would not be detrimental to the
public health, safety and welfare of the neighborhood.
See Article XVI for all definitions.
