1. Where any provisions of this Chapter conflict with other applicable state and federal laws, the stricter shall apply. In particular, this Chapter does not intend to conflict with any of the laws or acts regarding mining and agriculture as are outlined in § 603B of the MPC.
2. This Chapter is not intended to annul or supercede any private easements, covenants, or agreements, except where provisions of this Chapter are more restrictive. The Zoning Officer shall not be responsible for the enforcement of the aforesaid agreements unless the Borough is a party thereof.
3. The zoning classification of improved and unimproved rights-of-way within the Borough boundaries shall be considered part of the adjacent zoning district. In cases where these areas are bordered by more than one district, the abutting zoning shall extend to the centerline of the subject right-of-way. Thus, any activities or use of existing rights-of-way which become private property through adverse possession or any other legal claim to said property shall adhere to the standards of its respective zoning district classification.
4. Zoning classifications as initially determined follow existing parcel boundaries, as defined by recorded deeds. However, the revision, through subdivision, of current boundary lines does not constitute any revision of zoning district boundaries, which shall retain the boundary of the original lot line, unless an amendment to the zoning map and this Chapter is approved.
5. In cases where the lines of a zoning district, as initially determined by the zoning map, cross a parcel such that the parcel possesses multiple areas of zoning classification, said lines shall be determined as lines extending from the most adjacent parcel or lot boundary, where the zoning extends to said boundary, to the next immediate lot or parcel boundary to which the zoning boundary of the particular district coincides. The aforementioned situations occur, initially, on through lots where one face of the block on which the through lot fronts possesses one zoning and the other lies within a different zoning district.
6. Permitted Use Interpretation.
1. The permitted uses defined in this Chapter are based upon the North American Industrial Classification Standard, 2002. Uses are listed by the numerical code, as defined and presented in the aforesaid national standard. As such, uses listed at particular code levels shall be inclusive of all specific uses classified as part of the listed code level, unless such more detailed uses are specifically exempted or restricted.
2. Where any use specifically defined within this Chapter conflicts with the use definitions utilized by the North American Industrial Classification Code, the use defined in this Chapter shall prevail. Therefore, when uses specifically defined within this Chapter, separate from or conflicting with the NAICS Code are presented or specifically restricted; the function and intent of said uses shall prevail against any such conflicting interpretations as defined in the NAICS Code.
3. No portion of this Chapter shall be interpreted such that it violates the Federal Fair Housing Act, the 1988 Fair Housing Amendments Act, and related housing and urban development regulations. In particular, the term “family” shall apply to unrelated members regardless of their membership in classes protected by the aforementioned acts and regulations, including handicap.
(Ord. 935, 5/10/2018, §27-400)