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.
A.
This chapter shall render a legal basis and framework for the future
land use and development of the City. The objectives guiding future
growth and improvements of existing development within the City shall
promote the most economical and efficient provision of municipal services;
encourage beneficial and compatible land uses; promote development
of uses suitable to the physical character of the land; maintain a
healthful residential environment with adequate recreational, commercial
and industrial supporting areas; protect and conserve open spaces,
drainageways and floodplains; and, in general, avoid problems of random
development inconsistent with the City's goals and objectives of managed
growth.
B.
Managed growth refers to a means whereby the reviewing bodies apply
reasonable and sound planning procedures to the overviewing and approval
of all growth activity. This chapter provides one of the principal
means of determining the quality of the City's future overall environment.
C.
The specific objectives of this chapter are outlined in the Comprehensive
Plan for the City and subsequent revisions of that plan, as required
by Act 247 of the General Assembly, § 606.[1] The community development objectives are designed to achieve
the purpose set forth in Act 247 of the General Assembly. §§ 105–604.[2]
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.
A.
The provisions of this chapter shall control wherever they impose
greater restrictions than those imposed by this chapter itself, other
laws, ordinances, rules, regulations or permits or by easements, agreements
or covenants.
B.
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 stated in § 300-3. This chapter is not intended to interfere with other rules, regulations or ordinances of the City 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.
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.
A.
Except as otherwise provided in Article XVII, any building erected hereafter, any uses of land or buildings established hereafter, any structural alteration or relocation of an existing building occurring hereafter and any enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter.
B.
All land, buildings and uses thereof shall be subject to:
(1)
The district regulations of this Article I, which are applicable to the zoning districts in which such buildings, uses or land shall be located.
(2)
The supplementary district regulations in this chapter, which are
only applicable in the zoning district(s) specified in addition to
the above noted regulations.
(3)
The general provisions and specific requirements which are applicable
in all zoning districts in addition to the above district regulations.
C.
All regulations shall be subject to the rules and definitions in Article XIX and shall be administered and enforced by the Zoning Officer, unless stated otherwise, as in the case of appeals, challenges, special exceptions and variances granted by the Zoning Hearing Board and amendments issued by Council.
D.
The special exceptions permissible in the zoning districts are listed as part of this chapter, in Article XVIII.
E.
The supplementary district regulations of this chapter (dealing with more than one but not all zoning districts), the districts regulations of Articles II through VI and the regulations applicable to all districts shall all have complementary application consistent with § 300-6 for all land, buildings and uses thereof.
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.
A.
All subdividing of land into three or more lots (parcels) after the effective date of this section shall meet all the requirements established by this chapter and Chapter 260, Subdivision and Land Development.
B.
The subdivision of a lot, tract or parcel of land into two tracts or parcels and containing not more than six acres of total land area. Any lots further subdivided from any portion of the original lot, tract or parcel, if divided within five years, must meet the requirements of major subdivision. [See Chapter 260, Subdivision and Land Development.]
A.
A map consisting of an 800 scale base map and an overlay, showing
zoning district boundaries entitled "Key - City of Lower Burrell Zoning
District Map," dated October 7, 1985, and a set of 100 scale City
of Lower Burrell, Official Westmoreland County Tax Maps, showing zoning
boundaries, together are hereby adopted and made the official Zoning
District Map of Lower Burrell and an integral part of this chapter.
B.
The Original Zoning District Map (key at 800 scale and Tax Maps at
100 scale) and Zoning District Map list of amendments and changes,
or an authorized copy thereof, shall be kept on file available for
examination at the Municipal Building in the office of the City Clerk.
C.
The Zoning District Map and the Zoning District Map list of amendments
and changes shall each be identified by the signature of the Mayor
and City Clerk and the map shall bear the seal of the City under the
following words: "This is to certify that this is the official Zoning
District Map of the City of Lower Burrell as adopted as an integral
part of the Zoning Ordinance."
D.
When, in accordance with the amendment provisions of this chapter,
changes are made in district boundaries or other matters portrayed
on the Zoning District Map, such changes shall be made on the Zoning
District Map promptly after having been approved by Council, together
with an entry on the Zoning District Map list of amendments and changes.
Each entry shall include the date and a brief description of the nature
of the amendment. Each such entry shall also be signed by the Mayor
and attested by the City Clerk. No amendment to this chapter which
involves matter portrayed on the Zoning District Map shall be dependent
upon such amendment and entry being made on the map.
E.
No changes of any nature shall be made in the Zoning District Map
shown thereon except in conformity with the procedures set forth in
this article. Any unauthorized change of whatever kind of person or
persons shall be considered a violation of this chapter.
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."
