BOROUGH OF CLARKS SUMMIT

BOROUGH ZONING - GENERAL INFORMATION

Zoning is a method a community may use to regulate the use of land and structures. It is initiated by the adoption of a zoning ordinance designed to protect the public health, safety, and welfare and to guide growth.

When zoning was first utilized, its primary purpose was to prevent a property owner from using his or her property in ways which were a nuisance or actually harmful to neighboring property owners. However, over the years the scope of zoning has expanded. Municipal governments and the courts no longer look upon zoning as a "negative" tool to keep certain land uses out of a neighborhood, they also recognize its value as a "positive" tool for encouraging certain development and for creating an attractive community. In addition, zoning now frequently attempts to control development in areas subject to flooding, to preserve natural features and historic features and to save farmlands.

The zoning ordinance is composed of two parts, the text and the zoning map. The text of the ordinance contains the community development objectives and the necessary technical provisions to regulate the use of land and structures and to establish bulk, height, area, setback and other standards. The zoning map delineates the boundaries of the specific districts or zones created by the ordinance.

The power to zone and to adopt zoning ordinances is granted to local governments in Pennsylvania by the "Pennsylvania Municipalities Planning Code (MPC)", Act 247 of 1968, as re-enacted and amended. The MPC establishes the basic rules which a municipality must follow in enacting, administering, enforcing and amending a zoning ordinance, as well as the basic purposes of the ordinance. The MPC in section 604 requires that a zoning ordinance be designed to:

promote, protect and facilitate any or all of the following: the public health, safety, morals, and the general welfare: coordinate and practical community development and proper density of population, emergency management preparedness and operations, airports and national defense facilities, the provisions of adequate light and air, access to incident solar energy, police protection, vehicle parking and loading space, transportation, sewerage, schools, recreational facilities, public grounds, the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use, and other public requirements as well as preservation of the natural, scenic, and historic values in the environment and preservation of forests, wetlands, aquifiers, and flood plains.

prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.

preserve prime agriculture and farmland considering topography, soil type and classification, and present use.

provide for the use of land within the municipality for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and two-family dwellings, and a reasonable range of multi-family dwellings in various arrangements, mobile homes and mobile home parks, provided, however, that no zoning ordinance shall be deemed invalid for the failure to provide for any other specific dwelling type.

accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and non-residential dwelling uses.

The MPC in Section 606 also envisions a statement of community development objectives. This statement can be an actual part of the zoning ordinance, or it can be supplied by reference to these objectives as contained within the comprehensive plan. The community development objectives are an extremely crucial part of the zoning ordinance. They are the basic philosophy that underlies the ordinance and it is upon these objectives that the ordinance requirements will be judged in a legal challenge.

No zoning ordinance can be considered flawless, nor can zoning provide a solution for every conceivable situation. Some land uses may be acceptable within a zoning district only when additional regulations or standards are applied. Provisions of the zoning ordinance may place undue hardship on a property owner. Certain land uses may have been excluded from a particular zone or may have been inadvertently omitted from the municipality entirely. Court decisions frown upon excluding any legitimate land uses. If a use is excluded, the burden of proof shifts to the municipality. However, the zoning ordinance contains provisions designed to provide for or to remedy these situations. There include:

Special Exceptions

Conditional Uses

Variances

ZONING IN CLARKS SUMMIT

The first Borough Zoning Ordinance was adopted in the early 1950s. In the 1960s Zones/Districts were added by amendment to the ordinance to reflect principal permitted uses in various sections of the Borough. The current zoning ordinance was adopted in 1986 and has remained unchanged (except for two Currative Amendments) since that date. The zoning ordinance and zoning map are found in "The Code Of Ordinances Borough of Clarks Summit", Chapter 27.

Borough Council with the assistance of the Borough Planning Commission has been working on a major amendment to the zoning ordinance and official zoning map for over 5 years. The Borough Solicitor, the Borough Zoning/Codes Enforcement Officer and a hired professional planner have all made significant contributions to the development of this new amendment.

On Tuesday, June 12th, 2001 Borough Council conducted a Public Hearing and Special Meeting on this MAJOR repeal and replacement of the Borough's Zoning Ordinance & Official Zoning Map. Legal advertisements have been made and the Borough posted in accordance with the MPC.

With some amendments Borough Council adopted the new Zoning Ordinance and Official Zoning Map. A copy can be reviewed and/or obtained at the Borough Administrative Offices. A copy is also on file at the Lackawanna County Law Library in Scranton, Pennsylvania. A copy will be provided to the Lackawanna County Regional Planning Commission. An addition copy will be provided to the Abington Community Library, on the Morgan Highway.

Page Updated March 28, 2006

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