The official title of this chapter is the "Dormont Development
Code," and it is adopted by virtue of the authority granted to the
Borough by the commonwealth 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). It shall be referred
to herein as the/this "Code" or the/this "Development Code."
This Code is in furtherance of the development objectives set
forth in the Borough’s Comprehensive Plan, as amended from time
to time, and the following general development objectives:
A.
To promote and protect the public health, safety and welfare of the
residents of the Borough and of the public generally;
B.
To encourage and facilitate planned community growth and development;
C.
To facilitate the provision of public utilities and public services;
D.
To protect the character and maintain the stability of the residential
and commercial areas within the Borough;
E.
To provide adequate light, air, amenities and access to properties;
F.
To guide development in order to provide adequate and economical
community facilities and utilities;
G.
To divide the Borough into various zoning districts, restricting
and regulating therein the location, construction, alteration and
use of buildings, structures and land;
H.
To prevent the incompatible development or use of land and to prevent
blighting conditions and hazards in travel and transportation;
I.
To conserve and stabilize property values through encouragement of
the most appropriate use of land in relation to adjacent land uses;
J.
To promote conservation of the environment and other natural and
historic features; and
K.
To implement the Borough’s Comprehensive Plan.
A.
In their interpretation and application, the provisions of this code
shall be the minimum requirements adopted for the promotion of the
public health, safety, convenience, planned prosperity and general
welfare.
B.
All ordinances or parts of ordinances in conflict with this code
or inconsistent with the provisions of this code are hereby repealed
to the extent necessary to give this code full force and effect. This
code shall become effective on the date of passage and adoption by
Borough Council as provided by law.
C.
No structure shall be located, erected, constructed, reconstructed,
moved, altered, converted or enlarged, nor shall any structure or
land be used or be designed to be used, except in full compliance
with all the provisions of this code and after the lawful issuance
of all permits and certificates required by this code.
D.
All existing buildings or structures at the time of the adoption
of this code shall be deemed to be legal nonconforming buildings or
structures and shall comply with all provisions of this code from
that date forward.
E.
The provisions of this code are not intended to nullify, abolish
or repeal any easement, covenant or other private agreement or restriction.
Except as shall be expressly provided for in this code, the
adoption of this code shall not:
A.
Nullify or make void any action pending under, or by virtue of, any
prior zoning code or subdivision ordinance;
B.
Discontinue, nullify, void, abate, modify or alter any penalty accruing
or about to accrue under, or by virtue of, any prior zoning code or
ordinance;
C.
Affect the liability of any person, firm, or corporation under, or
by virtue of, any prior zoning code or ordinance;
D.
Waive any right of the Borough under any section or provision of
any prior zoning code or ordinance; or
E.
Vacate or annul any rights obtained by any person, firm, or corporation
by lawful action of the Borough under, or by virtue of, any prior
zoning code or ordinance.
Should any section or provision of this code be declared by
a court of competent jurisdiction to be unconstitutional or invalid,
such decision shall not affect the validity of the code as a whole,
or any part thereof other than the part so declared to be unconstitutional
or invalid.
The Zoning Map together with all explanatory matter thereon
is adopted by reference and declared to be a part of this code. A
copy of the Zoning Map shall be maintained on file in the Borough
offices and updated on the Borough’s official website http://boro.dormont.pa.us/.
No changes of any nature shall be made to the Zoning Map or any part
thereof except in conformity with the procedures set forth in this
code. Any unauthorized change of whatever kind by any person or persons
shall be considered a violation of this code.
Where uncertainty exists as to the boundaries of zoning districts
shown on the Zoning Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines
of streets, highways, or alleys shall be construed to follow such
center lines.
B.
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following Borough limits shall
be construed as following such Borough limits.
D.
Boundaries indicated as following rail lines shall be construed to
be midway between the main tracks.
E.
Boundaries indicated as parallel to or extensions of features listed
above shall be so construed.
F.
Distances not specifically indicated on the Zoning Map shall be determined
by the scale of the Map.
G.
Where physical or cultural features existing on the ground are at
variance with those shown on the Zoning Map, or in other circumstances
not covered herein, the Borough Manager or their designee shall interpret
the district boundaries.
H.
Where a district boundary line divides a lot that was in single ownership
at the time of passage of this code, the Zoning Hearing Board may
permit, as a special exception, the extension of the regulations for
either portion of the lot not to exceed 50 feet beyond the zoning
district line into the remaining portion of the lot.
A.
Height measurement.
(1)
Building height is measured as the distance between a horizontal
line at the average grade directly beside the structure and the highest
point of any of the following, as applicable:
(2)
Chimneys, elevators and stair penthouses, poles, spires, tanks,
towers, and other projections not used for human occupancy are not
included in calculating height and may extend above the height limit
by not more than 20 feet above the applicable maximum height limitation;
provided, however, that spires, steeples, and minarets on buildings
used for religious assembly shall not be subject to such limitation.
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B.
Calculating yards, open space, and parking. Unless otherwise permitted
herein, no part of a yard, or other open space, or off-street parking
or loading space required about or in connection with any building
for the purpose of complying with this code shall be included as part
of a yard, open space, or off-street parking or loading space similarly
required for any other building.
A.
Whenever a defined word appears in the code, its meaning is as defined
in this code. Words not defined in this code are interpreted in accord
with their usual dictionary meaning and customary usage.
B.
All references to other regulations or manuals in this code refer
to the most current version and citation for those regulations or
manuals, unless expressly indicated otherwise. When the referenced
regulations or documents have been repealed and not replaced by other
regulations or manuals, code requirements for compliance are no longer
in effect.
C.
Illustrations, diagrams, and flowcharts are included in this code
to illustrate the intent and requirements of the text. In the case
of a conflict between the text and any illustration, diagram, or flowchart,
the text controls.
D.
Except as otherwise noted, any fraction greater than or equal to
0.5 will be rounded up to the nearest whole number. Any fraction less
than 0.5 will be rounded down to the nearest whole number.
E.
The language of this code shall be interpreted as follows:
(1)
The word "person" includes a firm, association, organization,
partnership, trust, limited liability company, corporation, or other
legal entity, as well as an individual.
(2)
The present tense includes the future tense, the singular number
includes the plural, and the plural number includes the singular,
in each case, if the context so requires.
(3)
The word "shall" is mandatory, the word "may" is permissive.
(4)
The words "used" or "occupied" include the words "intended,"
"designed," "constructed, "altered," or "arranged" to be used or occupied.
(5)
The word "lot" includes the words "plot," "tract," or "parcel."
(6)
The terms "standards," "regulations," and "requirements" are
used to mandate a specific course of action or built outcome.
F.
Section headings are provided for ease of use and organization and
shall not be interpreted as regulatory.
G.
Where a regulation involves two or more items, conditions, provisions,
or events that are connected by a conjunction, "and," "or," or "either
. . . or," the conjunction shall be interpreted as follows:
(1)
"And" indicates that all the connected items, conditions, provisions
or events shall apply.
(2)
"Or" indicates that the connected items, conditions, provisions
or events may apply singly or in any combination.
(3)
"Either . . . or" indicates that all the connected
items, conditions, provisions or events shall apply singly but not
in combination.
H.
In the case of any conflict or inconsistency between two or more
provisions of this code or any other Borough ordinance, law, rule,
or regulation, the provision that imposes the greater, higher, or
more restrictive requirement or standard of performance shall control.
