This chapter shall be known, and may be cited as, the Borough
of Edgewood Zoning Ordinance. The accompanying district map shall
be known, and may be cited as, the Borough of Edgewood Zoning Map.
Illustrations in the Appendix provide supporting information.
In accordance with the authority granted to Borough of Edgewood
through the Pennsylvania Municipalities Planning Code (Act 247, as
reenacted and amended), this chapter and map are intended to:
A.
Regulate the density of population.
B.
Regulate the location and use of buildings, structures and land for
residential, agricultural, commercial, industrial and other purposes.
C.
Regulate the height, bulk, number of stories, size and placement
of buildings and structures.
D.
Divide the Borough into districts of such size, shape and area, and
to establish such Zoning Map, as may be deemed best suited to carry
out the regulations.
E.
Establish procedures for the administration, enforcement, amendment,
and relief from hardships under certain circumstances.
These regulations are deemed necessary in order to encourage
beneficial growth in the Borough while keeping the density of development
consistent with existing Borough facilities and the Borough's
ability to develop new facilities as needed. These regulations are
expected to:
A.
Promote the public health, safety, morals and general welfare.
B.
Conserve and stabilize property values through encouragement of the
most appropriate uses of land in relation to adjacent properties,
with consideration given to the physical characteristics of the property,
and its value, as well.
C.
Secure safety from fire, flood, panic and other dangers by providing
for adequate open spaces for light, air and amenity, and by promoting
emergency preparedness and operations.
D.
Preserve forests, agricultural lands, and recreation areas in their
natural state, or from conflict with urban development.
E.
Protect floodplains and manage the release of stormwater to minimize
downstream flooding.
F.
Prevent the overcrowding or improper development of land, incompatible
uses of land, and/or blighting conditions.
G.
Facilitate the economic provision of safe, adequate and reliable
transportation, water supply, sewage disposal, public schools, parks
and other public requirements.
H.
Avoid congestion in travel and transportation, and maintain and improve
the carrying capacity and safety of major roads.
I.
Reduce the cost of building roads and installing utilities, and the
subsequent cost of Borough operations.
J.
Encourage similar controls upon development in adjacent municipalities
where logical zoning district boundaries extend across municipal lines.
No structure shall be located, erected, demolished, constructed,
moved, externally altered, converted or enlarged nor shall any structure
or land use be used or designed to be used except in full compliance
with this chapter and after the lawful issuance of all permits and
certifications required by this chapter.
A.
The Borough Council shall, from time to time, establish, by resolution,
a schedule of fees, charges and expenses and a collection procedure
for building permits, appeals and other matters pertaining to this
chapter. The schedule of fees may be posted in the Borough Offices,
and may be amended only by official action by the Borough Council.
B.
No permit, certificate, application or variance shall be issued,
nor shall any action be taken on proceedings before the Zoning Hearing
Board unless, or until, such costs, charges, fees or expenses have
been paid in full.
C.
A zoning certificate or building permit shall be required for all
new construction, additions or alterations affecting exterior dimensions
of existing structures; and, for any structural or interior changes
required for a change of the structure's use, or for any change
in use.
D.
Any application for amendment, variance, special exception, conditional
use, permit or any other application or certificate within the scope
of this chapter, shall be accompanied by a fee, such fee to be established
by resolution of the Borough Council, who may, from time to time revise
such fees in order to bear a reasonable relationship to the costs
involved.
[Amended 7-5-2016 by Ord.
No. 1057]
This chapter shall not apply to property owned by the Borough
of Edgewood in the exercise of its municipal functions, including,
but not limited to, traffic and safety signs, non-building essential
service structures, and utilities. The Borough will adhere to all
use regulations by district.
A.
Whenever the provisions of this chapter are at variance with provisions
in other parts of this chapter or any other lawfully adopted rules,
regulations or ordinances, the more restrictive requirements shall
govern.
B.
Traditional neighborhood development. The Borough has adopted a Subdivision and Land Development Ordinance [Chapter 180] which includes a design manual pursuant to Article VII-A of the Pennsylvania Municipalities Planning Code. Where applicable, land development approval (including design standards) must precede issuance of a zoning permit. This chapter is specifically established in accordance with Article VII-A of the Pennsylvania Municipalities Planning Code and the entire Borough is regarded as a Traditional Neighborhood Development District. Furthermore, pursuant to § 702-A this District is established as an outright designation for the purposes of urban infill. The Borough is utilizing the Traditional Neighborhood Development Designation in order for this designated district to meet the Commonwealth goals:
(1)
To encourage innovations in residential and nonresidential development
and renewal which makes use of a mixed-use form of development so
that the growing demand for housing and other development may be met
by greater variety in type, design and layout of dwellings and other
buildings and structures and by the conservation and more efficient
use of open space ancillary to said dwellings and uses.
(2)
To allow for the development of fully integrated, mixed-use pedestrian-oriented
neighborhoods.
(3)
To minimize traffic congestion, infrastructure costs and environmental
degradation.
C.
Relationship to multi-municipal comprehensive plan and intergovernmental agreement. Pursuant to Article XI of the Pennsylvania Municipalities Planning Code, this chapter will be interpreted in light of any adopted intergovernmental agreement and § 1103(4) of the aforementioned code. If any defined use or class of uses is not provided for within this chapter said use or class of uses shall be considered by the Borough as being provided for within the region covered by the multi-municipal plan. Any adopted multi-municipal agreement shall take precedent over this chapter in providing for uses within the Borough.
Should any section or provision of this chapter be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the Ordinance as a whole, nor the validity
of any other section or provision of the ordinance, other than the
one so declared.
Any resolution or ordinance, or any part of any resolution or
ordinance conflicting with the provisions of this chapter is hereby
repealed to the extent of such conflict.
A.
Property owned, leased or operated by the Commonwealth of Pennsylvania,
or the United States, or any other public or governmental body or
agency, shall be subject to the requirements of this chapter as follows:
B.
Governmental entities and agencies shall be exempt from the provisions
of this chapter only to the extent that it has been determined that
the Borough has no power to apply its zoning regulations to the particular
use of land.
C.
Utilities subject to Pennsylvania Public Utility Commission regulation
shall be exempt from requirements of this chapter with regards to
safety signs, essential service structures no greater than 100 square
feet in size and four feet in height, poles for electric, telephone,
and fiber optic line, subsurface wire and conduit, and underground
piping. Other public utility structures and buildings, including,
but not limited to, telecommunications towers, sewage treatment plants
and substations, must comply with all use and setback requirements
for the applicable zoning district.
In addition to the general purposes listing in § 200-3, the specific community development objectives, created as result of the Edgewood/Swissvale/Rankin Multi-municipal Comprehensive Plan adopted in 2010, have been considered as a basis upon which the regulations and controls of this chapter are derived, and are adopted herein by reference. This chapter implements that plan and has been determined to be generally consistent with said plan by an Allegheny County Planning Commission review.
