Jim Thorpe City Zoning Code
ARTICLE I
General Provisions
§ 500-1 Adoption.
The Jim Thorpe Borough Zoning Ordinance of April 10, 1997, as amended, is hereby amended and restated in its entirety as set forth in this chapter.
§ 500-2 Short title.
This chapter shall be known and may be cited as the Jim Thorpe Borough Zoning Ordinance.
§ 500-3 Purpose.
This chapter is adopted in accordance with an overall land use control program and with consideration for the character of the municipality, its various parts, and the suitability of the various parts for uses and structures. This chapter is enacted for the following purposes:
A.
To promote, protect and facilitate any or all of the following: the public health, safety, morals, and the general welfare; coordinated and practical community development and proper density of population; emergency management preparedness and operations, airports, and national defense facilities, the provisions of adequate light and air, access to incident solar energy, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, recreational facilities, public grounds, the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use, and other public requirements; as well as preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains.
B.
To prevent one or more of the following: overcrowding of land, watercourses and other bodies of water, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic, or other dangers.
C.
To preserve prime agriculture and farmland considering topography, soil type and classification, and present use.
D.
To provide for the use of land within the municipality for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and two-family dwellings, and a reasonable range of multifamily dwellings in various arrangements, manufactured housing and manufactured housing parks, provided, however, that this chapter shall not be deemed invalid for the failure to provide for any other specific dwelling type.
E.
To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.
§ 500-4 Applicability.
A.
Existing uses. Any legally established existing use of a building, structure, lot or parcel of land or part thereof, as of the effective date of this chapter may be continued.
B.
Conformance. Any activity regulated by this chapter shall only occur or be undertaken and be continued in conformance with the requirements of this chapter.
D.
Regulated activities.
(1)
The following activities and any other activity or matter regulated by this chapter shall only be undertaken after the required permit or approval has been obtained in full compliance with this chapter:
(a)
The erection, construction, demolition, alteration, extension, replacement, relocation, or conversion of any building or structure or any activity to prepare the site for the erection, construction, demolition, alteration, extension, replacement, relocation or conversion of any building or structure;
(b)
Change in the type of use or expansion of the use of a structure or area of land; and/or
(c)
Creation of a lot or alteration of lot lines.
(2)
No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
(3)
No lot shall be formed from part of a lot already occupied by a building unless such building, all required setbacks and open spaces connected therewith, and the remaining lot conforms with all requirements prescribed by this chapter for the district in which said lot is located. No building permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.
(4)
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth in this chapter. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
E.
Repairs and maintenance. Ordinary repairs, structural strengthening, facade improvements and maintenance to existing structures that do not infringe upon a required setback may be made without a zoning permit provided such activity does not involve:
F.
Public utility commission.
(1)
This chapter shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation, 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 in question is reasonably necessary for the convenience or welfare of the public.
(2)
It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the Borough have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties, and otherwise exercise the rights of a party to the proceedings.
§ 500-5 Interpretation.
A.
Interpretation. In interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and the general welfare of the Borough and its citizens.
B.
Conflict.
(1)
Borough provisions.
(a)
These regulations are not intended to interfere with or abrogate or annul any other ordinance, rules or regulations previously adopted or previously issued by the Borough which are not in conflict with any provisions of this chapter. The provisions of this chapter shall not affect any act done or liability incurred, nor shall such provisions affect any suit or prosecution pending or to be initiated to enforce any right or penalty or to punish any offense under the authority of any ordinance in force prior to adoption of this chapter.
(b)
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.
(2)
Other laws and regulations. Whenever the provisions of any other law, regulation and/or statute require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings and/or structures or smaller number of stories or require a greater percentage of lot to be left unoccupied or impose other higher standards than are required by the regulations made under authority of this chapter the provisions of such other law, regulation and/or statute shall govern.
(3)
Private provisions.
(a)
These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of this chapter impose a greater restriction, the requirements of this chapter shall govern.
(b)
Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive or higher standards than the requirements of this chapter, then such private provisions shall be operative and supplemental to these requirements.
C.
Specificity. Whenever any regulations pertaining to a specific use or activity under authority of this chapter require a greater width or size of yards, courts or other open space, or require a lower height of buildings and/or structures or smaller number of stories or require a greater percentage of lot to be left unoccupied or impose other higher standards than are required for the zoning district or generally required under this chapter, the greater or higher standards shall govern.
D.
Pennsylvania Municipalities Planning Code amendments. The provisions of this chapter that only repeat, summarize or reference provisions of the Pennsylvania Municipalities Planning Code[1] shall be deemed to be automatically superseded and replaced by any applicable amendments to such provisions of the Pennsylvania Municipalities Planning Code at the date such amendments become effective as state law.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 500-6 Severability and repealer.
A.
Severability. If any provision, section, sentence, or clause of this chapter shall be held to be unconstitutional, such invalidity shall not affect or impair any remaining part of this chapter, it being the intent of the Board of Supervisors that such remainder shall be and shall remain in full force and effect.
B.
Repealer. All ordinances or parts of ordinances or regulations inconsistent herewith are hereby repealed, including, without limitation, the Zoning Ordinance of Jim Thorpe Borough, Carbon County, Pennsylvania, enacted April 10, 1997, as amended. Nothing in this chapter hereby adopted shall be construed to affect any suit or proceeding now pending in any court or any rights accrued, or liability incurred or any cause or causes of action accrued or existing under any ordinance repealed by this chapter. Nor shall any right or remedy of any character be lost, impaired, or affected by this chapter.
§ 500-7 Effective date.
This chapter shall be effective five days from adoption.