An ordinance permitting, prohibiting, regulating, restricting, and determining the uses of land, watercourses, and other bodies of water; the size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures; the areas of and dimensions of land to be occupied by uses and structures as well as court, yards, and other open spaces and distances to be left unoccupied by uses and structures; the density of population and intensity of use; the location and size of signs; creating zoning districts and establishing the boundaries thereof; creating the office of zoning officer; creating a zoning hearing board; and providing for the administration, amendment, and enforcement of the Chapter, including the imposition of penalties.

This Chapter shall be known and may be cited as the "Burnham Borough Zoning Ordinance of 1973."

This Chapter has been prepared in accordance with the Burnham Borough Comprehensive Development Plan of 1972, with consideration for the character of the Borough, its various parts, and the suitability of the various parts for the particular uses and structures, and is enacted for the following purposes:

In accordance with Article IX of Act 247 of 1968, as amended by Act 170 of 1988 of the Commonwealth of Pennsylvania, a Zoning Hearing Board is hereby created and shall have the number of members and such powers and authority as set forth in said Acts and this Chapter. The duly established Zoning Hearing Board may, from time to time, be herein referred to as the Board and unless otherwise clearly indicated, the term of "Board" shall refer to such Zoning Hearing Board.

In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of health, safety, morals, and the general welfare of the Borough and its citizens. It is not intended by this Chapter to interfere with or abrogate or annul any rules or regulations previously adopted or permits previously issued by the Borough which are not in conflict with any provisions of this Chapter, nor is it intended by this Chapter to interfere with or abrogate or annul any easements, covenants, building restrictions, or other agreements between parties; provided, however, that where this Chapter imposes a greater restriction upon the use of the buildings or premises or upon the height of the building, or requires a larger open space than is imposed or required by such ordinance, rules, regulations or permits, or by easements, covenants, building restrictions or agreements, the provisions of this Chapter shall control.

Whenever, in any District established under this Chapter, a use is neither specifically permitted nor denied and an application is made by a property owner to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board which shall have the authority to permit the use or deny the use. The use may be permitted if it is similar to and compatible with permitted uses in the district and in no way is in conflict with the general purpose and intent of this Chapter.

The Burnham Borough Zoning Ordinance of 1973, as amended, shall not apply to any lot, or to any existing or proposed building or extension thereof, used or to be used by the Borough of Burnham if the Borough Council shall, after a public hearing, determine that the use of the lot or the lot, or the existing or proposed building or extension thereof, is reasonably necessary for the convenience or welfare of the public.

This Chapter shall take effect on the first day of June 1973.