This chapter shall be known as and may be cited as the "Borough of Mechanicsburg Zoning Ordinance." Said chapter shall not supersede any other related state or federal provisions. The effective date of the chapter shall be upon its adoption.

This chapter is enacted and ordained under the grant of powers by the General Assembly of the Commonwealth of Pennsylvania, Act 247, the Pennsylvania Municipalities Planning Code, July 31, 1968, as amended.[1]

In interpreting and applying this chapter, its provisions shall be held to be the minimum requirements for promotion of the health, safety, morals, and general welfare of the Borough. Any use permitted subject to the regulations prescribed by the provisions of this chapter shall conform with all regulations and is not intended to interfere with, abrogate, annul, supersede or cancel any reservations contained in deeds or other agreements; but if the chapter imposes more-stringent restrictions upon the use of buildings, structures and land than are contained in the deeds or agreements, the provisions of this chapter shall control. 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 language written and enacted by Mechanicsburg Borough, in favor of the landowner and/or developer and against any implied extension of the restriction.

The provisions, regulations, limitations and restrictions of this chapter shall apply to all structures, buildings, uses, signs and land and their accessory structures, buildings, uses and signs. Notwithstanding the foregoing, the requirements of this chapter shall not apply to land, uses, services or structures owned by the Borough of Mechanicsburg, nor to land, uses or structures owned by those municipal authorities authorized or created by it to provide governmental or public health and safety services. Further, the requirements of this chapter do not apply to private uses permitted by the Borough of Mechanicsburg, or its authorized municipal authorities, to be conducted on, upon, or in Borough/Authority land or structures. In any instance in which applicable zoning provisions would be violated but for the exemption provided herein, the Borough Council shall provide at least 21 days' prior written notice to the owners of property within 200 feet of the exempt tract.

It is not intended by this chapter to repeal, abrogate, annul, other than as enumerated in § 27-107 herein, or interfere with any existing ordinance or enactment or with any rule, regulation, or permit adopted or issued. If this chapter imposes greater restrictions upon the use of buildings or land, then the provisions of this chapter shall control.

Ordinance No. 973, as amended, is hereby expressly repealed; provided, further, that nothing in this chapter shall be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred, or any permit issued or approval granted or any cause or causes of action arising prior to the enactment of this chapter. All ordinances or parts of ordinances and all resolutions or parts of resolutions which are inconsistent herewith by virtue of references or incorporation of requirements contained in the preexisting Zoning Ordinance, as amended, shall, as nearly as possible, be construed to reference this chapter.

Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such a decision shall not affect the validity of this chapter as a whole or any part thereof other than the part declared to be unconstitutional or invalid.