Borough of Indiana, PA Preliminary Provisions

Regulates the location and use of buildings and land for residence, commerce, business and institutions;

Specifies the minimum size of properties, and the height and placement of buildings and other structures on their lots;

Divides the Borough into zone districts of such size, shape, area and interrelationship as to provide the most harmonious and mutually compatible arrangement to serve the public interest; and

(4)

Establishes concise and timely procedures for the administration, enforcement and amendment of this chapter.

§ 460-2 Purpose.

The provisions of this chapter are deemed necessary to:

Uphold the public health, safety, morals and general welfare;

Promote orderly development by protecting the character and maintaining the stability of residential and business areas;

Conserve property values through the most appropriate and efficient uses of land and arrangement of zone districts;

Prevent overcrowded and blighting conditions, encroachment into floodplains, and congestion and dangerous conditions on streets;

Encourage provision and efficient placement of community services, such as sanitary sewer, water and storm drainage systems, schools, recreation parks, off-street parking and business servicing;

Establish reasonable open spaces on each lot consistent with the land use to allow the passage of light and air and prevent the spread of fire;

Prevent incompatible uses from intermingling with the predominant uses in a zone district and encourage the gradual voluntary phasing out of nonconforming uses.

To transition higher-intensity uses to lower-intensity uses through setbacks, bulk regulations, screening, street wall, fencing and density controls, and by offering permitted uses that are conducive to a traditional neighborhood setting.

[Added 2-2-2016 by Ord. No. 2016-03]

To effectuate the comprehensive plan and the Indiana Community University District Study.

[Added 2-2-2016 by Ord. No. 2016-03]

§ 460-3 Community development objectives.

[Amended 2-2-2016 by Ord. No. 2016-03]

In addition to the general purposes which are the foundation of this chapter (§ 460-2 above), the following specific community development objectives are the basis for designing the contents of this chapter. These objectives were identified in the 1962 to 1965 Indiana Borough Comprehensive Plan and were reinforced in more recent planning studies such as the 2011 plan update and the 2016 Indiana Community University District Study, with respect to land use relationships, density of population, commercial and business requirements and an adequate and efficient arrangement of streets and public utilities.

Preserve the existing character of the Borough and patterns of residential development, including density of development, building bulk, and open space between buildings;

Maintain the existing stock of well-kept housing, renovate and upgrade deteriorated housing, and remove dilapidated or abandoned housing;

Encourage a variety of housing types to meet the shelter needs of all elements of the population;

Coordinate with the University on its Long Range Campus Development Plan of 2015, and support any expansion of the University into privately held property only after careful, detailed study.

Support new business development by broadening the types of enterprises that are encouraged, in line with current business needs and directions;

Provide for adequate protection for housing where it abuts business through buffering by landscaping, fences, or both placed by the business developer;

Respect storm drainage and potential flooding limitations that may affect future development;

Make off-street parking an integral part of any new construction project or major renovation, and access driveways should be located to minimize congestion and danger on adjacent streets.

§ 460-4 Interpretation.

The regulations contained in this chapter shall be held to be the minimum required to uphold the public health, safety, morals and general welfare.

The language of this chapter shall be interpreted, where doubt exists as to the intended meaning as written and enacted, in favor of the property owner or applicant, and against any implied extension of a restriction.

§ 460-5 Conflicts with other provisions.

Conflict. Where conflicts exist between this chapter and other regulations of the Borough, or of a higher level of government, or with legal restrictive covenants applied by landowners to the development of their property, the ordinance, regulation or covenant establishing the highest standard shall prevail. All ordinances or parts thereof in conflict with this chapter, inconsistent with its provisions, or less restrictive are hereby overridden to the extent necessary to give this chapter full force and effect. This section shall not imply that the Borough has any power to enforce restrictive covenants. However, any restrictive covenant provisions that are less restrictive than the corresponding provisions of this chapter shall be superseded by this chapter.

§ 460-6 Municipal liability and continuity.

Municipal liability. The grant of a building permit to undertake a land development in accordance with the terms of this chapter shall not constitute a representation, guarantee or warranty of any kind by Indiana Borough or by any of its officials or employees concerning the practicality, safety, or economic success of the use, building or structure covered by the permit, and shall create no liability upon the Borough, its officials or employees.

Continuity. This chapter is intended as a continuation of Indiana Borough Zoning Ordinance No. 1227 of 1989 and amendments thereto. Upon adoption of this chapter, the prior zoning regulations, to the extent they are not duplicated in this chapter, will become null and void. The adoption of this chapter does not make legitimate development activity illegal under provisions of the prior regulations, nor does it annul any litigation currently being pursued or that may be pursued in the future against such illegal activity.

§ 460-7 Duties of public officials.

While the Pennsylvania Municipalities Planning Code may from time to time in the future assign new duties to local officials or withdraw and reassign duties, the lists below represent the current (1998) assignments stipulated in the code.

The Borough Council shall be responsible for:

Convening public hearings to take testimony on this chapter;

Appointing the members of the Planning Commission and of the Zoning Hearing Board and the Zoning Officer; making appointments to fill unexpired terms of members who have resigned, or to fill vacancies, or reappoint members at the end of expired terms; removing members of the Zoning Hearing Board or Planning Commission after investigation and positive findings of malfeasance, misfeasance and nonfeasance while in office; and

Referring amendment requests for review and comment to the Planning Commission and County Planning Commission before public hearing and decision.

The Planning Commission shall be responsible for:

Initiating proposed amendments to this chapter or reviewing proposals made by citizen petition or by Borough Council, and providing recommendations on each such amendment proposal to Council;[1]

[1]

Editor's Note: Original Subsection 1.722, which immediately followed this subsection, was repealed 5-3-2005 by Ord. No. 2005-02.

Examining proposed land subdivisions and land developments relative to conformance with the terms of this chapter, and approving or denying such proposals, with or without conditions attached to approval; and

Periodically reviewing this chapter text and map to determine if they remain relevant to development trends and planning concerns that are current.

The Zoning Hearing Board shall be responsible for:

Calling and holding public hearings in a timely manner to take testimony on all matters brought before it, and arranging for preparation of a stenographic record of each hearing.

Evaluating testimony and making a decision on each contested issue, commencing and concluding each matter within the mandated time constraints;

Communicating decisions to applicants in a timely manner;

(4)

Hearing appeals from decisions of the Zoning Officer;

(5)

Hearing challenges to the validity of this chapter or any parts thereof;

(6)

Hearing proposals for approval of special exceptions;[2]

[2]

Editor's Note: Ordinance No. 2005-02, adopted 5-3-2005, provided that the term "special use" be changed to "special exception" throughout this chapter.

(7)

Hearing requests for variances from strict application of the terms of this chapter because an alleged hardship to the applicant exists;[3]

[3]

Editor's Note: Original Subsection 1.738, which immediately followed this subsection, was repeated 5-3-2005 by Ord. No. 2005-02.

(8)

Hearing requests for modifications of the Borough flood hazard area regulations as they affect specific properties.

The Zoning Officer shall be responsible for:

Administering this chapter in accordance with its literal terms;

Issuing building and occupancy permits after assurance that the permitted development is fully in accordance with the requirements of this chapter, and then following up to make certain that construction and use of building and land concurs with the permit;