1. Application. The provisions of this Chapter shall apply to all buildings, structures, uses, land, and all accessory buildings, structures, and uses. Nothing in this Chapter shall require any change in plans or construction of a use for which a building permit has been heretofore issued prior to the effective date of this Chapter.
2. Interpretation. The provisions of this Chapter shall be held to be the minimum requirements for the promotion of the health, safety and general welfare of the Borough. It is not intended to interfere with, abrogate, annul or cancel other rules, regulations, ordinances, covenants or restrictions except where this Chapter imposes greater restrictions, in which case, the provisions of this Chapter shall apply.
3. Severability. Should any Section or provision of this Chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Chapter as a whole, or of any part thereof.
4. Amendment.
A. Borough Council may amend or repeal this Chapter at any time in accordance with the provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq.
B. Before voting on the enactment of any proposed amendment, or before repealing any Section or provision of this Chapter, Borough Council shall hold a public hearing thereon pursuant to public notice. In the case of any proposed amendment other than that prepared by the Borough Planning Committee, Council shall submit each such amendment to the Borough Planning Committee at least 30 days prior to the public hearing on such amendment, to provide the Borough Planning Committee an opportunity to submit recommendations.
C. In addition, any proposed amendment shall also be submitted to the County Planning Commission for recommendations at least 30 days prior to the public hearing on the proposed amendment.
D. If, after any public hearing held upon a proposed amendment, such amendment is revised, Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
5. All Other Uses. Any use not specifically allowed elsewhere in this Chapter shall be allowed by special exception in the District or Districts where, and to the extent that, similar uses are permitted or allowed by special exception; provided, that said use meets the requirements for special exception and does not constitute a public or private nuisance. [Ord. 2012-03]
6. Uses with Nuisance Effect. In no case is a use permitted which by reason of noise, dust, odor, appearance, or other objectionable factor creates a nuisance, hazard, or other substantial adverse effect upon the reasonable enjoyment of the surrounding property. [Ord. 2012-03]
7. Enactment. This Chapter shall become effective on February 28, 1977, and shall remain in force until modified, amended, or rescinded by the Council of the Borough of Dauphin, Dauphin County, Pennsylvania.
(Ord. 77-5, 2/28/1977, §102; as amended by Ord. 2012-03, 12/4/2012)