This chapter shall be known and may be cited as the "Parkside Borough Zoning Ordinance of 2014."
The zoning regulations and districts set forth in this chapter are designed to achieve the following purposes as stated in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.[1]
A. 
To promote, protect, and facilitate any or all of the following: the public health, safety, and general welfare; coordinated and practical community development and growth and proper population density; guidance on uses of land and structures, type and location of public grounds and facilities; promotion of energy conservation through planning practices; the provision of adequate light, water, and air, police and fire protection, transportation, sewerage, and schools; and preservation of the natural, scenic, and historic values in the environment as well as the preservation of wetlands, aquifers, and floodplains.
B. 
To prevent one or more of the following: overcrowding of land; blight; danger and congestion in travel and transportation; or loss of health, life, or property from fire, flood, panic, or other dangers.
C. 
To 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 a reasonable range of multifamily dwellings in various arrangements.
D. 
To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The zoning regulations and districts set forth in this chapter are based on the goals and objectives which are stated in the Brookhaven, Parkside and Upland Multi-Municipal Comprehensive Plan, 2009. This Zoning Code is intended to implement the principals, objectives and recommendations of the Comprehensive Plan and to guide and regulate the orderly development and redevelopment of Parkside Borough.
For the purposes of this chapter, Parkside Borough is hereby divided into the following zoning districts:
R-1
Residential District
R-2
Residential District
RM
Residential District
C-1
Commercial District
C-2
Commercial District
OS
Open Space District
ADO
Airport Overlay District
FPO
Floodplain Overlay District
A. 
Minimum and uniform regulations. Unless specifically indicated otherwise, the regulations set forth in this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
B. 
Proposed uses and structures. In all zoning districts, after the effective date of this chapter, any new building or other structure or any tract of land shall be constructed, developed, and used only in accordance with the regulations specified herein, except where a variance has been authorized by the Parkside Borough Zoning Hearing Board in accordance with Article XX.
C. 
Existing uses and structures. In all districts, after the effective date of this chapter, any lawful, existing building or other structure or any tract of land which is not in conformity with the regulations of the district in which it is located shall be deemed to be nonconforming and subject to the regulations of Article XVII relating to nonconforming uses, structures, and lots.
A. 
The zoning district locations and boundaries are those that exist on the legally adopted Official Zoning Map, a copy of which is attached hereto and made a part of this chapter. The original Zoning Map shall be kept on file in the Parkside Borough Municipal Building. Whenever changes are made in the boundaries or other matter included on said Zoning Map, such changes in the map shall be made by the Borough Engineer within 30 days after the amendment has been approved by Borough Council.
B. 
Where possible, the boundaries between districts shall follow natural or man-made boundaries and lines. Unless otherwise indicated, boundaries shall be the center line or extension of the center line of a street, alley, or highway, railroad rights-of-way, streams, or other natural or man-made features that can form logical boundaries to districts.
C. 
Where a district boundary line divides a lot held in single and separate ownership at the effective date of this chapter, the regulations of the less restricted district shall extend over the portion of the lot in the more restricted district a distance of not more than 25 feet from the district boundary.
D. 
Boundaries indicated as appearing to follow platted lot lines shall be construed as following such lot lines. The scale of the map shall determine distances not specifically indicated on the Official Zoning Map. In any other circumstances not covered above or in the event of any uncertainty as to the boundary of any district, the Zoning Hearing Board shall interpret the district boundaries.
A. 
In the interpretation and application of the provisions of this chapter, said provisions shall be held to be the minimum requirements for the promotion and protection of the public health, welfare, and safety. Where the provisions of this chapter impose greater restrictions than those of any other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance, or regulation impose greater restrictions than this chapter, the provisions of such statute, ordinance, or regulation shall be controlling.
B. 
In interpreting the language of this chapter to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the governing body, in favor of the property owner and against any implied extension of the restriction.
The grant of a permit or approval under this chapter shall not constitute a representation, guarantee, or warranty of any kind by the Borough as to the safety of the proposed use and shall create no liability upon the Borough, its officials, or employees.
All provisions in the existing Parkside Borough Zoning Code of 1988, as amended, are hereby repealed.