Middleburg City Zoning Code
PART 2
ESTABLISHMENT OF DISTRICTS; OFFICIAL ZONING ATLAS
§ 27-201 Establishment of Districts.
[Ord. 206, 2/4/1985; as amended by Ord. 271, 12/26/2002, § 1; and by Ord. 278, 11/11/2003, § 1]
In order to implement the purpose of this chapter, the Borough of Middleburg is hereby divided into eight classes of districts, with the designations and general proposes listed below and the specifically permitted and prohibited uses tabulated in Part 5.
A.
R-1 District (Single-Family Detached Dwellings). The R-1 District is designed to protect and maintain those residential areas now developed with single-family detached dwellings on relatively large lots and adjoining vacant areas likely to be developed for such purposes. It will enable the Borough to continue to provide a restricted type of environment which would otherwise be found only in suburban areas.
B.
R-2 District (Single-Family Detached Dwellings). The R-2 District is designed to include areas consisting of single-family detached dwellings of the R-1 nature; however, the lot sizes are smaller than those in the R-1 District. Basically, the allowed uses are identical to those in the R-1 District.
C.
R-3 District (Single-Family Detached Dwellings and Single-Family Semidetached Dwellings). The R-3 District is designed to include those sections of the Borough where there are substantial numbers of single-family detached dwellings on somewhat smaller lots than found in the R-2 District. Certain public and institutional uses are permitted.
D.
R-4 District (Multifamily Dwellings). The R-4 District is designed to provide for a portion of the Borough to be used for a wide range of single-family housing types, two-family detached dwellings, apartment dwellings, multifamily and conversions and municipal, governmental, nonprofit and judicial offices and facilities.
E.
NC District (Neighborhood Commercial). The NC District is designed to provide sites for retail and personal service establishments for a small tributary area, with a minimum impact upon adjoining or surrounding residential development. Preferably, each portion of the district should be small and compact in area, but, where extensive strip development has occurred as a result of earlier zoning or prior to zoning, the district has been expanded to include such development.
F.
C District (Commercial). The Commercial District is designed to provide for those specialized commercial areas located along or near highly used travel routes.
G.
I District (Industrial). The I District is designed to provide for manufacturing, wholesaling and warehousing activities generally found in the built-up areas of the Borough. Generally, these are manufacturing activities not possessed of heavily obnoxious features such as noise, odors, dust and the like. In addition, the I District also provides for certain commercial activities which have no attraction to the general public and those commercial uses which, although dependent on the general public, would serve as a detriment in the Neighborhood Commercial or the Commercial Districts.
H.
OS District (Open Space). The OS District is designed to provide areas for recreation activities, municipal facilities, as well as preserve natural amenities.
§ 27-202 Official Zoning Atlas.
[Ord. 206, 2/4/1985; as amended by Ord. 243, 2/27/1996]
1.
The Borough is hereby divided into zones or districts as shown on the Official Zoning Atlas which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.
2.
The Official Zoning Atlas shall be identified by the signature of the Mayor attested by the Borough Secretary under the following words: "This is to certify that this is the Official Zoning Atlas referred to in Article I of Ordinance No. 206 of the Borough of Middleburg, Pennsylvania," together with the date of the adoption of this chapter.
3.
If, in accordance with the provisions of this chapter and the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, changes are made in district boundaries or other matter portrayed on the Official Zoning Atlas, such changes shall be entered on the Official Zoning Atlas promptly after the amendment has been approved by the Borough Council, with an entry on the Official Zoning Atlas as follows: "On (date), by official action of the Borough Council, the following (change) changes were made in the Official Zoning Atlas: (brief description of nature of change)," which entry shall be signed by the Mayor and attested by the Borough Secretary. No amendment to this chapter which involves matter portrayed on the Official Zoning Atlas shall become effective until after such change and entry has been made on said atlas.
4.
No changes of any nature shall be made in the Official Zoning Atlas or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided under § 27-1402.
5.
Regardless of the existence of purported copies of the Official Zoning Atlas which may from time to time be made or published, the Official Zoning Atlas which shall be located in the office of the Zoning Officer shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the Borough.
§ 27-203 Replacement of Atlas.
[Ord. 206, 2/4/1985; as amended by Ord. 243, 2/27/1996]
In the event that the Official Zoning Atlas or a part thereof becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Borough Council may, by resolution, adopt a new Official Zoning Atlas, which shall supersede the prior Official Zoning Atlas. The new Official Zoning Atlas may correct drafting or other errors or omissions in the prior Official Zoning Atlas, but no such corrections shall have the effect of amending this chapter or any subsequent amendments hereof. The new Official Zoning Atlas shall be identified by the signature of the Mayor attested by the Borough Secretary and bearing the Seal of the Borough under the following words: "This is to certify that this Official Zoning Atlas supersedes and replaces the Official Zoning Atlas adopted (date of adoption of map being replaced) as part of Ordinance No. 206 of the Borough of Middleburg, Pennsylvania."
§ 27-204 Interpretation of District Boundaries.
[Ord. 206, 2/4/1985]
1.
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Atlas or part thereof, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.
B.
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following Borough limits shall be construed as following Borough limits.
D.
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
E.
Boundaries indicated as approximately following the center lines of streams, rivers or other bodies of water shall be construed to follow such center lines.
3.
Where a district boundary line divides a lot which was in single ownership at the time of passage of this chapter, the Zoning Hearing Board may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.