This chapter shall be known and may be cited as the "Upland
Borough Zoning Code of 2012."
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:
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.
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. This Zoning
Code is intended to implement the principles, objectives and recommendations
of the Comprehensive Plan and to guide and regulate the orderly development
and redevelopment of Upland Borough.
For the purposes of this chapter, Upland Borough is hereby divided
into the following zoning districts:
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R-1 Residential District
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R-2 Residential District
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R-3 Residential District
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HPO Historic Preservation Overlay
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PRD Planned Residential Development District
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INS Institutional District
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MCD Medical Campus District
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WFMU Waterfront Mixed Use District
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GC General Commercial District
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IND Industrial District
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AOD Airport Overlay District
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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 Upland Borough Zoning Hearing Board in accordance with Article XXIV.
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 XXI 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 Zoning Code.[1] The original Zoning Map shall be kept on file in the Upland Borough Municipal Building. Whenever changes are made in the boundaries or other matter included on the 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.
[1]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
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,
the 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 Zoning Code 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, guaranty, 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.
If a court of competent jurisdiction shall declare any article,
section, subsection, paragraph, clause, or provision of this chapter
invalid, such decision shall not affect the validity of this chapter
as a whole or of any other part.
All provisions in the Chapter 185 Borough Zoning Code of 1969, as amended, are hereby repealed.
This chapter shall become effective immediately upon final adoption.
