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Cambria Township City Zoning Code

PART 1

GENERAL PROVISIONS

§ 27-101 Short Title.

[Ord. 206, 12/10/2010, § 101]
This chapter shall be known and may be cited as "Separate But Consistent Zoning Ordinances for the Township of Jackson, the Township of Cambria, and the Borough of Ebensburg."

§ 27-102 Purpose.

[Ord. 206, 12/10/2010, § 102]
1. 
This chapter is adopted by the virtue of the authority contained in the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, 53 P.S. § 10101 et seq., as amended through 2006. The zoning regulations and zones set forth in this chapter are made in accordance with the Multi-Municipal Comprehensive Plan for the Central Cambria Coalition (Jackson Township, Cambria Township, and Ebensburg Borough) for the general welfare of the municipalities and is intended to achieve, among others, the following purposes:
A. 
Regulating both existing and proposed land uses thereby:
(1) 
Encouraging the most appropriate use of land.
(2) 
Preventing the overcrowding of land.
(3) 
Stabilizing and conserving the value of land and buildings.
(4) 
Facilitating development of good quality.
(5) 
Spurring reinvestment in the existing building stock.
(6) 
Lessening the congestion of traffic on the roads.
(7) 
Avoiding undue congestion of population.
(8) 
Providing for adequate light and air.
(9) 
Securing safety from fire, flood, and other dangers.
(10) 
Facilitating the adequate provision for transportation, water supply, sewage disposal, drainage, schools, parks, and other public facilities.
(11) 
Giving reasonable consideration, among other things, to the character of zones and their peculiar suitability for particular uses.
(12) 
Maintain and strengthen the Central Cambria Municipalities.
(13) 
Ensure predictability and consistency in the land development process for neighborhood, business and development interests.
(14) 
Giving effect to the policies and proposals of the Multi-Municipal Comprehensive Plan, as amended and as approved by the Jackson and Cambria Township and Ebensburg Borough Planning Commissions and adopted by Resolution by the Jackson and Cambria Township Boards of Supervisors and the Ebensburg Borough Council.
2. 
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals, and general welfare.

§ 27-103 A Reader's Guide to the Organization and Applicability of this chapter.

[Ord. 206, 12/10/2010, § 103]
See Appendix.

§ 27-104 Where Do I Begin? A Beginners Reading Guide to Determining Your Property's Regulations.

[Ord. 206, 12/10/2010, § 104]
See Appendix.

§ 27-105 Statement of Community Objectives.

[Ord. 206, 12/10/2010, § 105]
This chapter implements, with general consistency, the community goals and objectives as described in the Multi-Municipal Comprehensive Plan prepared jointly and adopted by the Township of Jackson on November 7, 2008, the Township of Cambria on November 7, 2008, and the Borough of Ebensburg on November 24, 2008. The Statement of Community Goals and Objectives can be found in its entirety in the Appendix of this chapter.

§ 27-106 Interpreting the Language of this chapter.

[Ord. 206, 12/10/2010, § 106]
1. 
For the purposes of this chapter, words shall be interpreted as follows unless noted otherwise:
A. 
Words that are defined in Part 7, "Definitions," shall be interpreted as they are defined there.
B. 
Undefined terms must be given their usual and ordinary meaning within the Central Cambria Municipalities or an authoritative source.
C. 
Words used in the present tense include the future tense. The singular includes the plural.
D. 
The word "person" refers to firms, associations, organizations, trusts, partnerships, companies, corporations, and individual persons.
E. 
The word "shall" means mandatory.
F. 
The word "may" means permissive.
G. 
The word "lot" is a synonym of "plot," "piece," and "parcel."
H. 
The words "used" and "occupied" as applied to any lot or building shall be construed to include the words "intended, arranged, maintained, and/or designed to be used or occupied."
I. 
The word "day" shall be interpreted as being a full calendar day.
J. 
When the meaning of a regulation as it applies to a given property is not clear, it shall be interpreted in favor of that property and against any implied extension of the regulation.

§ 27-107 Conflict.

[Ord. 206, 12/10/2010, § 107]
1. 
Urban Redevelopment Plans and Proposals, as enabled by the Urban Redevelopment Law Act of 1945, always supersede the provisions and regulations of this chapter.
2. 
This chapter is not intended to interfere with, abrogate or annul applicable State or Federal laws, or other rules, regulations or ordinances, provided that where a provision of this chapter conflicts with a provision of another, the stricter of the two shall apply. Where the applicable provision of this chapter is the less strict of the two, it shall not apply. However, the remainder of this chapter shall remain in full force and effect.

§ 27-108 Conflict with Floodplain Regulations.

[Ord. 206, 12/10/2010, § 108]
All structures and plans for structures within each municipalities' floodplain or any subsequent revisions thereof are subject to the floodplain regulations enacted by the municipalities' Floodplain Ordinance [Chapter 8]. Furthermore, all structures and plans for structures within the municipalities' floodplain as defined by any relevant Federal and State legislation shall be subject to the floodplain regulations imposed by that legislation. Where any such ordinance or law imposes stricter regulations than the relevant parts of this chapter do, those parts of this chapter shall be null and void. Furthermore, where the provisions of any such ordinance or law contradict the provisions of this chapter, the stricter of the two shall apply. In both instances, the parts of this chapter that are not relevant to the provisions of the other law or ordinance shall remain in effect.

§ 27-109 Severability.

[Ord. 206, 12/10/2010, § 109]
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 of any other part thereof.

§ 27-110 Effective Date of This Chapter.

[Ord. 206, 12/10/2010, § 110]
This chapter shall become effective December 10, 2010.

§ 27-111 Repeal of Existing Ordinances.

[Ord. 206, 12/10/2010, § 111]
All ordinances or parts of ordinances inconsistent with the provisions of this chapter be and the same are hereby repealed to the extent of the conflict.

§ 27-112 Application of Regulations During Local Emergencies.

[Ord. 206, 12/10/2010, § 112]
1. 
The Boards of Supervisors may temporarily waive some of the regulations of this chapter during a declared local emergency. Any structure suitable for a housing facility in the case of emergency, necessity, or disaster, may be used for temporary housing or shelter in order to alleviate undue hardship that may be incurred by the above conditions, and that such use of temporary housing shall not exceed a period of more than 90 days from the date of same. If, for any of the above reasons the Board of Supervisors finds that the ninety-day period is not sufficient, then the emergency regulations may be extended for additional ninety-day period.
2. 
During the period of enforcement of this regulation all other regulations regarding limitations to the use of premises for residential reuse are suspended until the termination of the emergency provided for herein.

§ 27-113 Parcels That Consist of More Than One Principal Use.

[Ord. 206, 12/10/2010, § 113]
For the purposes of this chapter, parcels that consist of several land uses shall be classified by the land use that this chapter regulates the most strictly.