[Ord. 775, 6/15/1983, § 140-101]
This chapter shall be known and may be cited as the "Aspinwall
Zoning Ordinance" and the district map shall be known and may be cited
as the "Official Aspinwall Zoning District Map."
[Ord. 775, 6/15/1983, § 140-102; as amended by
Ord. 806, 6/11/1986]
The fundamental purposes of this chapter are to promote the
safety, health, convenience and general welfare; to encourage the
most appropriate use of land throughout the Borough; to conserve and
stabilize the value of property; to prevent overcrowding of land and
buildings; to avoid undue concentration of population; to lessen congestion
in the streets; to secure safety from fire, 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 improvements.
[Ord. 775, 6/15/1983, § 140-103; as amended by
Ord. 806, 6/11/1986]
This chapter is to render a legal basis and framework to the
future land-use plan and development goals established in the statement
of community development objectives, adopted by Res. 83-5 by Borough
Council on February 9, 1983, and to the goals and objectives presented
in the regional plan, prepared by the Guyasuta Joint Municipal Planning
Commission, August 1981.
[Ord. 775, 6/15/1983, § 140-104; as amended by
Ord. 806, 6/11/1986; and by Ord. 939, 10/14/1998, § 2]
1.
The regulations established by this chapter shall be minimum regulations
and shall apply uniformly to each class or kind of structure or land,
except that additional classifications may be made within any district
for the purposes of: (A) making transitional provisions at or near
the boundaries of districts; (B) regulating nonconforming uses and
structures; (C) regulating, restricting or prohibiting uses and structures
at or near major thoroughfares, their intersections and interchanges;
natural or artificial bodies of water; places of relatively steep
slope or grade; 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. Among several classes of zoning districts, the
provisions for permitted uses may be mutually exclusive, in whole
or in part.
2.
No building, structure or land shall hereafter be used or occupied;
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally altered unless in
conformity with all the regulations herein specified for the district
in which it is located.
3.
No part of a yard or other open space or off-street parking or loading
space required about or in connection with any building for the purpose
of complying with this chapter shall be included as part of a yard,
open space or off-street parking or loading space similarly required
for any other building, unless otherwise provided by this chapter.
4.
No yard or lot existing at the time of passage of this chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet at least the minimum requirements established by
this chapter. In case of subdivision or combination of lots, no lot
shall be created which does not meet the requirements of this chapter.
5.
It is the intention of the Borough that all property within its boundaries
shall be zoned. In the event any property within the Borough has previously
been left unzoned, or is currently unzoned, or in the event any property
shall at any time hereafter be determined to be unzoned, or not classified
as belonging to any particular zoning district by proper ordinance,
the same shall nonetheless be subject to all applicable general provisions
and standards of this chapter. Additionally, such property shall be
subject to the use, area and bulk regulations, off-street parking
requirements and other general provisions otherwise applicable to
properties in an AR-4 Zoning District.
6.
In the case 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 Borough Planning
Commission shall study the existing zoning classification of the property
on which the said use is located and shall make recommendations to
the Borough 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.
[Ord. 775, 6/15/1983, § 140-105]
1.
Wherever the regulations within this chapter are at variance with
other lawfully adopted rules, regulations, ordinances, restrictions
or covenants, those which impose the most restrictive requirements
shall govern.
2.
No structure or use which was not lawfully existing at the time of
the adoption of this chapter shall become or be made lawful solely
be reason of the adoption of this chapter; and to the extent that,
and in any respect that, said unlawful structure or use is in conflict
with the requirements of this chapter, said structure remains unlawful
hereunder.
3.
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 environmental protection law or regulation.
[Ord. 775, 6/15/1983, § 140-106; as added by Ord.
930, 12/10/1997, § 3]
This chapter is hereby supplemented by Chapter 26 of the Aspinwall Code, Wellhead Protection, and the same shall be considered an amendment to and a part of this chapter.
