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Mountville City Zoning Code

PART 1

Legal and General Provisions

§ 101 Authority.

[Ord. No. 294, 9/23/2019]
This chapter is enacted and ordained under the grant of powers contained in the Pennsylvania Municipalities Planning Code (MPC).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.

§ 102 Title.

[Ord. No. 294, 9/23/2019]
This chapter shall be known as and may be cited as the "Borough of Mountville Zoning Ordinance," "Mountville Borough Zoning Ordinance," or "Zoning Ordinance."

§ 103 Purpose.

[Ord. No. 294, 9/23/2019]
1. 
The purpose of this chapter is to:
A. 
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.
B. 
Prevent one or more of the following: overcrowding; blight; or loss of health, life or property from fire, flood, or other dangers.
C. 
Establish a zoning map dividing Mountville Borough into zoning districts with varying regulations.
D. 
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.
E. 
Establish the requirements for density and intensity of uses.
F. 
Promote innovative design to preserve and enhance the established and important sense of community and neighborhoods.
G. 
Provide diverse housing opportunities, including housing that is affordable.
H. 
Encourage and accommodate appropriate and compatible adaptive reuse, replacement, infill development, and redevelopment.
I. 
Serve as a tool that is part of an overall plan for the orderly, appropriate and compatible preservation, growth, and development in Mountville Borough, by incorporating the overall objectives and principles of, as well as seeking to implement the most recent version of the Comprehensive Plan, and/or other applicable plans adopted by Mountville Borough.
J. 
Affect any additional purposes provided for in Articles I, VI, VII-A, and elsewhere in the Pennsylvania Municipalities Planning Code (MPC).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.

§ 104 Interpretation and Uses Otherwise Not Provided For.

[Ord. No. 294, 9/23/2019]
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 the Borough. 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 in 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.
2. 
Uses Not Otherwise Provided For. Any use which clearly is not permitted by right, nor by special exception 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 Borough Zoning Hearing Board may permit such use by special exception if the applicant proves to the satisfaction of the Borough Zoning Hearing Board that all the terms and conditions set forth below have been addressed:
A. 
The proposed use is in general conformity with the most recent version of the Comprehensive Plan, and/or other applicable plans adopted by Mountville Borough, and in harmony with the zoning district, area, and neighborhood in which it is proposed.
B. 
The proposed use is:
(1) 
Similar to and compatible with the permitted uses in the zoning district in which the subject property is located;
(2) 
Not permitted in any other zoning district under the terms of this chapter; and
(3) 
In no way conflicting with the general purposes and intent of this chapter or the zoning district in which the subject property is located.
C. 
The external impacts associated with the proposed use would be equal to or less intensive than external impacts associated with other uses that are permitted in the zoning district in which the subject property is located.
D. 
The location of the proposed use would not endanger the public health and safety, and the use will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare, vibration or electromagnetic interference.
E. 
The proposed use must comply with all applicable Borough, county, state, and federal code and licensing requirements. All such licenses, certificates, and permits shall have been obtained and presented to the Borough or shall be a condition of approval.
F. 
The proposed use would meet the standards that apply under Part 8 of this Zoning Ordinance relating to special exceptions.

§ 105 Applicability.

[Ord. No. 294, 9/23/2019]
1. 
Within the Borough of Mountville, Lancaster County, PA, 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(s) 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 Codified Ordinances of the Borough of Mountville.
2. 
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 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]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
3. 
Notwithstanding the foregoing, this chapter shall not apply to any existing or proposed uses, buildings, structures, signs, or extension thereof, occupied, owned and/or operated by the Borough nor to uses, buildings, structures, signs, or extension thereof owned by a municipal authority created by the Borough.

§ 106 Municipality Liability.

[Ord. No. 294, 9/23/2019]
The granting of a zoning permit for the erection or use of a structure, building, or lot shall not constitute a representation, guarantee or warranty of any kind or nature by the Borough, or an official or employee, thereof, of the safety of any structure, building, use, or other proposed plan from cause whatsoever, and shall create no liability upon or a course of action against the Borough or such public official or employee for any damage that may be pursuant thereto.

§ 107 Disclaimer.

[Ord. No. 294, 9/23/2019]
1. 
It is recognized that the:
A. 
Act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law";[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
B. 
Act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act";[2]
[2]
Editor's Note: See 52 P.S. § 3301 et seq.
C. 
Act of April 27, 1966 (1st Special Session, P.L. 31, No. 1), known as "The Bituminous Mine Subsidence and Land Conservation Act";[3]
[3]
Editor's Note: See 52 P.S. § 1406.1 et seq.
D. 
Act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act";[4]
[4]
Editor's Note: See 52 P.S. § 30.51 et seq.
E. 
Act of December 19, 1984 (P.L. 1093, No. 219), known as the "Noncoal Surface Mining Conservation and Reclamation Act";[5]
[5]
Editor's Note: See 52 P.S. § 3301 et seq.
F. 
Act of December 19, 1984 (P.L. 1140, No. 223), known as the "Oil and Gas Act";[6]
[6]
Editor's Note: Said Act was repealed 2-14-2012 by P.L. 87, No. 13. See now Title 58 of Pa.C.S.A.
G. 
Act of June 30, 1981 (P.L. 128, No. 43), known as the "Agricultural Area Security Law";[7]
[7]
Editor's Note: See 3 P.S. § 901 et seq.
H. 
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] and
[8]
Editor's Note: See 3 P.S. § 951 et seq.
I. 
The Act of May 20, 1993 (P.L. 12, No 6), known as the "Nutrient Management Act";[9]
preempt zoning ordinances. Therefore, suggestions, recommendations, options or directives contained in this section are intended to be implemented only to the extent that they are consistent with and do not exceed the requirements of these acts. Nothing contrary to these acts shall be mandated by this chapter.
[9]
Editor's Note: See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.

§ 108 Severability.

[Ord. No. 294, 9/23/2019]
It is hereby declared to be the legislative intent that if a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.

§ 109 Repealer.

[Ord. No. 294, 9/23/2019]
The preexisting chapter or ordinance relating to zoning in the Borough of Mountville, 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 chapters and ordinances or parts of chapters and ordinances and all resolutions or parts of resolutions which are inconsistent herewith by virtue of references or incorporation of requirements contained in the preexisting chapter or ordinance relating to zoning in the Borough of Mountville, as amended shall, as nearly as possible, be construed to reference this chapter.

§ 110 When Effective.

[Ord. No. 294, 9/23/2019]
This chapter shall become effective immediately upon its enactment by the Borough Council of Mountville Borough, County of Lancaster, Commonwealth of Pennsylvania and/or the Mayor's signature in accordance with the Pennsylvania Borough Code, 8 Pa.C.S.A. § 3301.3.