Promote, protect, and facilitate one or more of the following: the public health, safety, morals, or general welfare; the provision of adequate light and air; and other public requirements.

Prevent one or more of the following: overcrowding; blight; or loss of health, life or property from fire, flood, or other dangers.

Establish a Zoning Map dividing Lemoyne Borough into zoning districts with varying regulations.

Permit, prohibit, regulate and determine the uses of land, watercourses, and other bodies of water; the size, height, bulk, location, erection, construction, repair, expansion, razing, removal, and use of buildings and structures, as well as yards and other open areas to be left unoccupied.

Establish the requirements for density and intensity of uses.

Promote innovative design to preserve and enhance the established and important sense of community, neighborhoods, and character areas.

Provide diverse housing opportunities, including housing that is affordable.

Encourage and accommodate appropriate and compatible adaptive reuse, replacement, infill development, and redevelopment.

Serve as a tool that is part of an overall plan for the orderly, appropriate and compatible growth and development in Lemoyne Borough, by incorporating the overall objectives and principles of, as well as seeking to implement the most recent version of the Lemoyne Borough Comprehensive Plan, and/or other applicable plans adopted by the Borough of Lemoyne.

Affect any additional purposes provided for in Article I, VI, VII-A, and elsewhere in the Pennsylvania Municipalities Planning Code (MPC).[1]

Interpretation. In interpreting and applying this chapter, its provisions shall be held to be the minimum requirements for promotion of health, safety, morals and general welfare of Lemoyne. Any use permitted subject to the regulations prescribed by the provisions of this chapter shall conform with all regulations of the zoning district(s) in which it is located and elsewhere herein this chapter, as well as with all other applicable regulations of this and other related chapters, ordinances, standards, and/or rules. This chapter is not intended to interfere with, abrogate, annul, supersede, or cancel any easements, covenants, restrictions or reservations contained in deeds or other agreements, but if this chapter imposes more stringent restrictions upon the use of buildings, structures, land (which also includes water bodies/courses) than are elsewhere established, the provisions of this chapter shall prevail. Unless otherwise specified elsewhere in this chapter, wherever and whenever the requirements of this chapter are not consistent with the requirements of any other legally adopted laws, rules, regulations, chapters, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. In interpreting the language of this chapter to determine the extent of the restriction upon the use of property, the language shall be interpreted, where doubt exists as to the intended meaning of the adopted language, in favor of the property owner and against any implied extension of the restriction.

Uses not otherwise provided for. Any use which clearly is not permitted by right, by special exception use, nor by conditional use by this chapter within any zoning district, or a use which is not defined by this chapter, then such use shall be prohibited, except that the Lemoyne Borough Council may permit such use by conditional use if the applicant proves to the satisfaction of the Lemoyne Borough Council that all of the terms and conditions set forth below:

Within Lemoyne Borough, Cumberland County, Pennsylvania, no land, body of water, or structure shall hereafter be used or occupied and no structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all regulations and procedures specified for in the zoning district in which such land, body of water, or structure is located, as well as with all other applicable provisions of this chapter and other applicable chapters of the Code of the Borough of Lemoyne.

This chapter shall not apply to an existing or proposed building or structure or extensions thereof, that is used or to be used by a public utility corporation, if upon petition of the corporation, the Pennsylvania Public Utility Commission (PUC) 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. It shall be the responsibility of the PUC to ensure that both the corporation and the Borough of Lemoyne 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. The exemptions and procedures shall be in accordance with the MPC.[1]

Notwithstanding the foregoing, the requirements of this chapter shall not apply to municipal-owned uses, land, facilities, or structures owned by the Borough of Lemoyne, nor to uses, land, facilities, or structures owned by a municipal authority created by the Borough of Lemoyne, or an agent thereof that is authorized or created by the Borough of Lemoyne or municipal authority to provide governmental or public health and safety services. Further, the requirements of this chapter shall not apply to private uses permitted by the Borough of Lemoyne, its municipal authorities, or their authorized agents, to be conducted upon and or in land or structures owned and/or operated by the Borough, municipal authorities, or authorized agents. In any instance in which applicable zoning provisions would be affected by noncompliance if not for the exemption provided herein, the Lemoyne Borough Council shall take public comment on the specific zoning provisions and related issue(s) at an advertised public meeting of the Lemoyne Borough Council. Notice of the public meeting shall be mailed by the Borough of Lemoyne at least 30 days prior to the date of the meeting by first class mail to the addresses to which real estate tax bills are sent for all real property located within 200 feet of the exempt tract, as evidenced by tax records within the possession of the Borough of Lemoyne. Additionally, notice shall be provided to the Lemoyne Planning Commission at least 30 days prior to the date of the public meeting of the Lemoyne Borough Council. Such notices shall include the location, date, and time of the public meeting; and shall include the location of said exempt tract, a description of the proposed use/development of the exempt tract, and the specific zoning provisions for which strict compliance cannot be met by the proposed use/development of the exempt tract.

For the purpose of this chapter, Lemoyne Borough is hereby divided into specific underlying or base zoning districts and overlay zoning districts, which shall be designated as follows in Table 550-1-1, Zoning Districts:

Zoning Map. Unless otherwise noted, the locations and boundaries of the specific zoning districts and overlay zoning districts are shown upon the map(s) that are attached to and made a part of this chapter. The map(s) and all notations, references and other data shown thereon are hereby incorporated by reference into this chapter as if all were fully described herein. The map(s) shall be designated:

Zoning district boundaries. The boundaries between zoning districts are shown by zoning district boundary lines on the Zoning Map(s). Where uncertainty exists as to the location of boundaries of any zoning districts shown on the Zoning Map(s), the following rules shall apply:

Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law."[1]

Act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act."[2]

Act of April 27, 1966 (1st Special Session, P.L. 31, No. 1), known as the "Bituminous Mine Subsidence and Land Conservation Act."[3]

Act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act."[4]

Act of December 19, 1984 (P.L. 1093, No. 219), known as the "Noncoal Surface Mining Conservation and Reclamation Act."[5]

Act of December 19, 1984 (P.L. 1140, No. 223), known as the "Oil and Gas Act."[6]

Act of June 30, 1981 (P.L. 128, No. 43), known as the "Agricultural Area Security Law."[7]

Act of June 10, 1982 (P.L. 454, No. 133), entitled "An Act Protecting Agricultural Operations from Nuisance Suits and Ordinances under Certain Circumstances."[8]

Act of May 20, 1993 (P.L. 12, No. 6), known as the "Nutrient Management Act."[9]