This chapter shall be known and may be cited as the "Zoning
Ordinance of the City of Lower Burrell" and the district map shall
be known and may be cited as the "Official Zoning District Map of
the City of Lower Burrell."
The fundamental purpose of this chapter is to promote the safety,
health, morals, convenience and general welfare; to encourage the
most appropriate use of land throughout the City; to conserve and
enhance the value of property; to minimize overcrowding of land and
buildings; to avoid undue concentration of population; to lessen congestion
in the streets; to secure safety from fire, flood, panic and other
dangers; to provide adequate open spaces for light and air; to facilitate
adequate provision of streets and highways, water, sewerage, drainage
and other public facilities; to conserve life, property and natural
resources; and to conserve the expenditure of funds earmarked for
public improvement.
Council may appropriate from general funds, moneys to finance the preparation, administration and enforcement of this chapter, to finance the work of the Zoning Hearing Board and to support or oppose, upon appeal to the courts, decisions of the Zoning Hearing Board. For the same purposes, Council may accept, with public disclosure, gifts and grants of money and services from private sources and from Westmoreland County, the commonwealth and the federal government. Council may prescribe fees to be charged to the administration of this chapter set forth in §
300-187.
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.
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.
Additional use classifications and restrictions may be permitted
by Planning Commission and Zoning Hearing Board in any district for
the purposes of:
A. Making transitional provisions at or near the boundaries of districts.
B. Regulating, restricting or prohibiting uses and structures at or
near major transportation arteries; natural or artificial bodies of
water; public buildings and grounds; places having unique historical
or patriotic value or interest; floodplain areas and other places
having a special character or use affecting or affected by their surroundings.
In case of any public building, facility or land area, such
as a school, recreation area, community center or municipal building,
shall cease to be used according to its intended function, the Planning
Commission and Zoning Officer shall study the existing zoning classification
of the property on which the use is located and shall make recommendations
to Council on any necessary zoning changes to ensure a suitable reuse
of the parcel. This study and recommendation shall be made by the
Planning Commission within 90 days of the notification by the appropriate
public entity of the intent to terminate the existing use of the property.
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 clearly comply with all of the conditions
and standards provided in this chapter, or if there is any ambiguity,
indefiniteness or absence of standards in this chapter pertaining
to an accessory use or special exception, such use shall not be permitted.
Regardless of the existence of purported copies of the Zoning
District Map and this chapter which may from time to time be made
in the office of the Zoning Officer, the Zoning District Map and this
chapter on file shall be the final authority as to current zoning
status of land and water areas, buildings and other structures in
the City.
In the event that the Zoning District Map becomes damaged, destroyed,
lost or difficult to interpret because of the nature or number of
changes and additions, Council may by resolution adopt a new Zoning
District Map which shall supersede the prior Zoning District Map.
The new Zoning District Map shall be identified by the signature of
the Mayor, attested by the City Clerk and bear the seal of the City
under the following words, "This is to certify that this Zoning District
Map supersedes and replaces the Zoning District Map adopted (date
of adoption of map being replaced) as part of the Zoning Ordinance
of the City of Lower Burrell, County of Westmoreland, Pennsylvania."