Thornburg City Zoning Code
PART 1
BASIC PROVISIONS
§ 27-101 Title.
[Ord. 378, 2/14/2005, § 100]
The official title of this chapter is the "Zoning Ordinance of the Borough of Thornburg" or the "Zoning Ordinance."
§ 27-102 Effective Date.
[Ord. 378, 2/14/2005, § 101]
This chapter shall take effect immediately upon adoption by the Borough Council of Thornburg.
§ 27-103 Authority.
[Ord. 378, 2/14/2005, § 102]
This chapter is adopted by virtue of the authority granted to the Borough by the Commonwealth of Pennsylvania in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, 53 P.S. 10101 et seq., as may be amended from time to time.
§ 27-104 Interpretation.
[Ord. 378, 2/14/2005, § 103]
1.
When the language of this chapter is clear and there are conflicts between the provisions of this chapter and any other ordinance or regulation, the more restrictive provision shall apply.
2.
The provisions of this chapter shall be considered minimum requirements adopted for the promotion of the health, safety and general welfare of the public and any applicant can exceed these minimum requirements.
3.
When the language of this chapter is ambiguous, in determining 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 Borough Council, in favor of the property owner and against any implied extension of the restriction.
§ 27-105 Community Development Objectives.
[Ord. 378, 2/14/2005, § 104]
1.
The goals and objectives of the 1991 CRT Comprehensive Plan, as amended, and the 2004 Thornburg Updated Land Use Element are hereby incorporated by reference. The general community development objectives on which this chapter is based are:
A.
The general objective for the development of the Borough of Thornburg is to provide a pleasant, attractive, healthy, safe and convenient environment for living, working, education, shopping and recreation. This objective shall be pursued by the creation and implementation of land use plans to:
(1)
Preserve and improve the natural environment.
(2)
Provide safe, adequate and attractive housing.
(3)
Increase property values, employment opportunities, and the economic base of the community.
(4)
Provide the necessary infrastructure of utilities and transportation arteries.
(5)
Provide recreational and community facilities.
B.
The preservation and improvement of the environment shall be pursued by:
(1)
The elimination of visual and physical blight such as overhead utility lines, concentration of signs of excessive size and proximity, large expanses of uninterrupted pavement, dilapidated structures and trash.
(2)
The preservation of existing trees and green space, natural topography and wooded slopelands, including the limiting of hillside development beyond a reasonable gradient, the control of floodplains and water sheds.
(3)
The reclamation of derelict land.
(4)
The municipal acquisition and the promotion of the dedication of natural open space and wooded slopeland to link the existing and proposed park sites and neighborhoods, and to prevent ecological problems resulting from wooded slopeland development.
C.
The provision of safe, adequate and attractive housing for the entire population of the community shall be pursued by:
(1)
The provision of a wide range of housing density alternatives; preservation of a mix of housing types; correlation of residential density and housing type with topography, existing conditions and the capacity of and distance from existing and proposed utilities, streets and community facilities.
(2)
The rehabilitation and removal of deteriorating housing, the maintenance of sound housing and the development of new housing.
(3)
The promotion of an attractive residential environment through the implementation of the other objectives set forth herein.
D.
The increase of property values, employment opportunities and the economic base of the community shall be pursued by:
(1)
The promotion of industrial growth and employment opportunities.
(2)
The concentration of commercial and industrial uses in the areas where streets and utilities can provide the necessary services and where conflicts with other uses can be minimized through site design and transitional provisions.
(3)
The implementation of the other objectives set forth herein.
E.
The provision of the necessary infrastructure of utilities and transportation arteries shall be pursued by:
(1)
The extension of the municipal improvements of water lines, storm and sanitary sewers and roads and their improvement where economically feasible to guide and promote development.
(2)
The encouragement of public utilities to improve and extend services consistent with the objectives set forth herein.
(3)
Traffic planning and control which will provide safe, rapid and convenient movement of people and goods within and through the municipalities, with a separation of through and local traffic, and minimal disruption of existing and proposed development patterns and community integrity.
(4)
Promote safe and convenient circulation for pedestrians and bicycles.
F.
The provision of recreational and community facilities shall be pursued by:
(1)
The creation of outdoor and indoor recreational facilities to accommodate the existing and future population.
(2)
The promotion of schools and parks in close proximity to decrease duplication of services and provide the greatest value for public expenditures.
(3)
The promotion of acquisition or dedication of natural open space for park and recreational purposes.
(4)
The provision of residential areas with adequate commercial, governmental, recreational and educational facilities.
(5)
The preservation of historical landmarks.
G.
The creation and implementation of land use plans shall seek to achieve the foregoing objectives and to:
(1)
Achieve the purpose for which each Zoning District is intended, as stated in the purpose statements for each Part of this chapter which are to be considered a part of these development objectives, and incorporated herein.
(2)
Protect against the detrimental effect of incompatible land uses through planting, open space and natural breaks in topography.
(3)
Concentrate development where possible to prevent sprawl, conserve open space and make full use of utilities and services.
(4)
Provide site plan control.
§ 27-106 Purpose Statements Are Part of This Chapter.
§ 27-107 Availability of Ordinance and Map.
[Ord. 378, 2/14/2005, § 106]
This chapter, including the Zoning District Map, together with all amendments thereto, shall be on file and may be viewed by any interested person in the office of the Borough Secretary.
§ 27-108 Compliance.
[Ord. 378, 2/14/2005, § 107]
No structure shall be located, erected, constructed, reconstructed, moved, altered, converted or enlarged; nor shall any structure or land be used or designed to be used, except in full compliance with all the provisions of this chapter and after the lawful issuance of all permits and certificates required by Part 15 of this chapter.
§ 27-109 Exemption for Public Utilities.
[Ord. 378, 2/14/2005, § 108]
The regulations of this chapter shall not apply to any existing or proposed structure, or use or extension thereof, used or to be used by a public utility corporation, if upon petition of the corporation, the Public Utility Commission, after a public hearing, decides that the present or proposed situation of the structure in question is reasonably necessary for the welfare of the public, provided no threat to the health or safety to the public is presented.