A.
Long title: An ordinance to establish zoning regulations for the
use of land, watercourses, other bodies of water, and structures;
size, height, bulk, location, erection, construction, repair, maintenance,
alteration, demolition of structures; area and dimensions of land
and bodies of water, the density of population and intensity of use,
the provision of design specifications and performance standards and
similar accessory regulations for Peters Township, Pennsylvania, and
for such purposes to divide the Township into zoning districts; and
further to provide for administrative enforcement and amendment thereof,
in accordance with the provisions of the Pennsylvania Municipalities
Planning Code (MPC).
B.
Short title. This chapter shall be known and may be cited as the
"Zoning Ordinance of Peters Township, Washington County, Pennsylvania."
C.
Purposes.
(1)
To promote, protect and facilitate any or all of the following:
(a)
The public health, safety, morals, and the general welfare;
(b)
Coordinated and practical community development and proper density
of population;
(c)
Emergency management preparedness and operations;
(d)
Airports and national defense facilities;
(e)
The provisions of adequate light and air, access to incident
solar energy;
(f)
Police protection;
(g)
Vehicle parking and loading space;
(h)
Transportation, water, sewerage;
(i)
Schools, recreational facilities, public grounds;
(j)
The provision of a safe, reliable and adequate water supply
for domestic, commercial, agricultural or industrial use, and other
public requirements; as well as
(k)
Preservation of the natural, scenic and historic values in the
environment; and
(l)
Preservation of forests, wetlands, aquifers and floodplains.
(3)
To preserve prime agriculture and farmland considering topography,
soil type and classification, and present use.
(4)
To provide for the use of land within the Township for residential
housing of various dwelling types encompassing all basic forms of
housing, including single-family and two-family dwellings, and a reasonable
range of multifamily dwellings in various arrangements, mobile homes
and mobile home parks; provided, however, that no zoning ordinance
shall be deemed invalid for the failure to provide for any other specific
dwelling type.
(5)
To accommodate reasonable overall community growth, including
population and employment growth, and opportunities for development
of a variety of residential dwelling types and nonresidential uses.
(6)
To minimize danger to public health, safety and property by
providing for safe stormwater management consistent with the Peters
Township Stormwater Management Plan, and flood/carrying capacity of
streams in the Township, by maintaining the natural stormwater runoff
regimes and courses to the maximum extent, and protecting and conserving
groundwater and groundwater recharge areas.
(7)
To provide controls for the development of undeveloped properties
that are designed to preserve and maintain the essential character
of the adjacent undeveloped properties.
A.
Uses by right. Uses by right are:
B.
Accessory uses and buildings.
(1)
An accessory use is a use conducted on the same lot and/or in
a subordinate building as the principal use to which it is related.
(2)
An accessory use is a use or building which is clearly incidental
to, and customarily found in connection with a specific principal
use.
(3)
Accessory uses and buildings shall not be permitted unless a
primary use or building is existing.
C.
Conditional uses. A conditional use is the use of a parcel which
may be allowed or denied by the Township Council after recommendation
by the Township Planning Commission pursuant to the express standards
and criteria set forth within this chapter.
D.
Uses by special exception. A special exception deals with special
permission, granted or denied only by the Zoning Hearing Board, to
occupy land or a building for specific uses listed in the district
regulations as special exceptions.
E.
Uses by administrative approval. A use by administrative approval
shall be granted or denied only by the Peters Township Zoning Officer
or Planning Director to occupy land or a building for specific uses
listed in the district regulations as administrative approval.
F.
Uses not provided for. When under this chapter a use is neither specifically
permitted nor denied and an application is made by a property owner
to the Zoning Officer for such use, the Zoning Officer shall refer
the application to the Zoning Hearing Board which shall have the authority
to permit or deny the use in accordance with criteria in this chapter.
A.
Minimum and uniform regulations. The regulations set by this chapter
within each district shall be minimum regulations and shall apply
uniformly to each class or kind of structure or land.
B.
For existing uses, structures, and lots of land. In all districts, after the effective date of this chapter, any existing land use, building, or other structure, or any lot of land which is not in conformity with the regulations for the district in which it is located, shall be deemed as nonconforming and be subject to the nonconforming regulations in this chapter. (See Part 8.)
C.
For new uses and structures. In all districts, after the effective
date of this chapter, any new building or other structure on a lot
of land or any change in occupancy or use of a building, structure
or land shall be constructed, altered, developed, and used only in
accordance with the regulations specified for each district in this
chapter.
The types of controls shall include but are not limited to:
A.
Use regulations, including prohibited uses, uses by right, accessory
uses, conditional uses, and uses by special exception;
B.
Area and bulk regulations, including required lot sizes; front, side
and rear yards; maximum permitted height; allowable lot coverage,
etc.;
C.
Supplemental regulations for certain uses;
D.
Regulations for nonconforming uses, buildings, building setback lines,
lots and signs;
E.
Design specifications and performance standards;
F.
Plan review; and
G.
Permits.
A.
In interpreting the language of the Zoning Ordinance to determine
the extent of the restriction upon the use of lot, the language shall
be interpreted in favor of the lot owner and against any implied extension
of the restriction.
B.
The provisions of this chapter shall be held to be the minimum requirements
for the protection or the health, safety, morals and general welfare
of the residents of the Peters Township.
C.
In the event of conflicts between the provisions of this chapter
and any other ordinance or regulation, the more restrictive provisions
shall apply.
This chapter shall not apply to any existing or proposed building,
or extension thereof, used or to be used by a public utility corporation
if, upon petition of the corporation and after a public hearing, the
Public Utility Commission (PUC) shall decide that the present or proposed
situation of the building in question is reasonably necessary for
the convenience or welfare of the public. It shall be the responsibility
of the Pennsylvania PUC to ensure that both the corporation and the
Township in which the building or proposed building is located have
notice of the hearing and are granted an opportunity to appear, present
witnesses, cross-examine witnesses presented by other parties and
otherwise exercise the rights of a party to the proceedings.
The Peters Township Subdivision and Land Development Ordinance
and other applicable Township ordinances and regulations are incorporated
herein and made a part hereof, by reference.
Should any section or provision of this chapter be declared
by the courts to be unconstitutional or invalid for any reason, such
decision shall not affect the validity of this chapter, as a whole,
nor the validity of any other section or provision of this chapter
than the one so declared.
Any resolution or ordinance or any part of any resolution or
ordinance in conflict with the provisions of this chapter is hereby
repealed to the extent of such conflict.
