SCHUYLKILL COUNTY ZONING ORDINANCE TITLE; ENACTMENT; SEVERABILITY

Ordinance No. 2010-1

1.  TITLE. A New Ordinance: a) dividing geographic areas of Schuylkill County, Pennsylvania, where a city, borough or township has not adopted its own zoning ordinance, into zoning districts with varying regulations; b) permitting, prohibiting, regulating and determining the uses of land, watercourses and other bodies of water, the size, height, bulk, location, erection, construction, repair, expansion, razing, removal and use of structures, the areas and dimensions of land and bodies of water to be occupied by uses and structures, as well as yards and other open areas to be left unoccupied; c) establishing the maximum density and intensity of uses; d) providing for the administration and enforcement of this Ordinance in accordance with the Pennsylvania Municipalities Planning Code, including provisions for special exceptions and variances to be administered by a Zoning Hearing Board; and e) establishing provisions for the protection of certain natural features.

2.  SHORT TITLE. This Ordinance shall be known and be cited as the “Schuylkill County Zoning Ordinance” of 2010.

3.  SEVERABILITY. It is hereby declared to be the legislative intent that if a court of competent jurisdiction declares any provisions of this Ordinance 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 Ordinance shall continue to be separately and fully effective. The Board of County Commissioners hereby declares that it would have passed this Ordinance and each section or part thereof, other than any part declared invalid, if it had advance knowledge that any part would be declared invalid. If the entire Zoning Ordinance should be declared invalid, then the Schuylkill County Zoning Ordinance that was in effect immediately prior to the enactment of this new Zoning Ordinance shall automatically be re-instated as the Zoning Ordinance for Schuylkill County.

4.  PROCEDURAL DEFECTS IN ENACTMENT. Allegations that this Ordinance or any amendment was enacted in a procedurally defective manner shall be appealed as provided in State law and be filed not later than 30 days after the intended effective date of the Ordinance or amendment.

5.  REPEALER. The pre-existing Schuylkill County Zoning Ordinance, as amended, is hereby repealed, in addition to the repeal of any other County ordinances or resolutions or parts thereof that were adopted prior to this Ordinance that are clearly in direct conflict with this Ordinance.

6.  ENACTMENT. Under the authority conferred by the Pennsylvania Municipalities Planning Code, as amended, the Board of County Commissioners of Schuylkill County hereby enacts and ordains into an Ordinance the attached document this date of December 22, 2010. This Ordinance shall become effective December 27, 2010.

 

 

     Date of Planning Commission Public Meeting:     August 18, 2010

     Date of County Commissioners Public Hearing:   December 15, 2010

SCHUYLKILL COUNTY BOARD OF COMMISSIONERS

 

 

/s/ Mantura M. Gallagher                                                   

Mantura M. Gallagher, Commissioner, Chair

 

 

/s/ Francis V. McAndrew                                                  

Francis V. McAndrew, Commissioner

 

 

/s/ Frank J. Staudenmeier                                                  

Frank J. Staudenmeier, Commissioner

 

 

 

 

 

 

 

Attest:       /s/ Darlene Laughlin                                         

Darlene Laughlin, Chief Clerk

 

Date:         December 22, 2010