§ 175-1Short title.
§ 175-2Authority.
§ 175-3Purpose.
§ 175-4Community development objectives.
§ 175-5Interpretation.
§ 175-6Conflict.
§ 175-7Compliance required.
§ 175-8Continuance of prior decisions.
§ 175-9Higher standard of control.
§ 175-10Scope of regulations.
§ 175-11Violation of other laws.
§ 175-12Compliance with all conditions and standards.
This chapter shall be known as and may be cited as the "Daugherty Township Zoning Ordinance."
This chapter is enacted and ordained under the grant of powers by the General Assembly of the Commonwealth of Pennsylvania, Act 247, "The Pennsylvania Municipalities Planning Code," July 31, 1968, as amended.
This chapter is enacted for the following purposes:
To promote, protect and facilitate one or more of the following: the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, disaster evacuation, the provision of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds and other public requirements; as well as
To 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. This chapter is made in accordance with an overall program and with consideration for the character of Daugherty Township, its various parts, and the suitability of the various parts for particular uses and structures.
This chapter is to foster the following community development objectives developed by the Northeast Upper Beaver Valley Regional Comprehensive Plan and the Regional Planning Commission:
Encourage development that is consistent with the vision and goals of the Northeast Upper Beaver Valley Regional Comprehensive Plan.
Maintain the rural atmosphere within the region.
Preserve and enhance the natural environment and Beaver Riverfront.
Encourage and promote tourism where appropriate in the region.
Increase employment opportunities, where appropriate, and the economic base of the region.
Provide a range of affordable housing types and styles.
Minimize natural hazards such as flooding, land slides, erosion, and soil limitation.
Provide necessary infrastructure of utilities and vehicular and pedestrian transportation facilities.
Provide for recreational and community facilities.
Provide for ongoing community planning, growth management, and oversight of development in the region.
Maintain the historic and architectural character, where appropriate, and enhance existing streetscapes.
Provide for the appropriate scale and intensity of land uses.
Encourage site design and parking standards to improve visual quality and to be environmentally sensitive.
Encourage incentives to adopt quality design standards and the preservation of open space.
In construing and applying this chapter, its provisions shall be held to be the minimum requirements for promotion of health, safety, morals, and general welfare of Daugherty Township. Any use permitted subject to the regulations prescribed by the provisions of this chapter shall conform with all regulations for the zoning district in which it is located and with all other pertinent regulations of this and other related chapters.
This chapter is not intended to interfere with, abrogate, annul, supersede, or cancel any easements, covenants, restrictions, or reservations contained in deeds or other agreements, but that if the chapter imposes more stringent restrictions upon the use of buildings and land than are elsewhere established, the provisions of this chapter shall prevail. In construing the language of this chapter to determine the extent of the restriction upon the use of the property, the language shall be construed, where doubt exists as to the intended meaning of the language adopted by the Board of Supervisors, in favor of the property owner and against any implied extension of the restriction.
No structure shall be located, erected, constructed, reconstructed, moved, converted or be designed to be used except in full compliance with all provisions of this chapter and after the lawful issuance of all permits and certificates required by this chapter.
The passage of this chapter shall not invalidate any decisions enacted under prior enabling laws. This chapter shall, in such respect, be deemed a continuation and codification of such prior enabling laws.
The provisions of this chapter shall control wherever they impose greater restrictions than those imposed by any statutes, other laws, ordinances, rules, regulations or permits or by easements, agreements or covenants.
In interpreting and applying the provisions of this chapter, the provisions shall be held to be the minimum requirements for the promotion of the community development objectives. This chapter is not intended to interfere with other rules, regulations or ordinances of the Township of Daugherty, except that, where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of a building or requires larger open spaces than are imposed by such other rules, regulations or ordinances, the provisions of this chapter shall control.
Except as otherwise provided for in Article X, Nonconforming Uses, Structures and Lots, any building erected hereafter, any uses of land or buildings established hereafter, any structural alteration or relocation of existing building occurring hereafter and any enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter.
Regardless of any other provision of this chapter, no land shall be used and no structure erected or maintained in violation of any state or federal control or environmental protection law or regulation.
Unless a proposed use can comply with all of the conditions and standards provided in this chapter pertaining to any permitted, accessory, conditional or special exception uses, such uses shall not be permitted unless approved by the appropriate reviewing body pursuant to the procedures set forth in this chapter.
