An ordinance to establish zoning regulations for the use of
land, structures, area of lots, bulk of buildings and other structures,
the density of population, the provision of off-street parking and
loading spaces and similar accessory regulations for the City of Washington
and Borough of East Washington, Pennsylvania, and for such purposes
to divide the City and Borough into zoning districts; and, further,
to provide for administrative enforcement and amendment thereof in
accordance with the provisions of the Pennsylvania Municipalities
Planning Code, Act of 1968, P.L. 805, No. 247,[1] as reenacted and amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter shall be known and may be cited as the "The Zoning Ordinance of the City of Washington and Borough of East Washington." This chapter is also known as "the Zoning Code" or as "Chapter 350 of the Codified Ordinances of the City of Washington" or as "Chapter 340 of the Codified Ordinances of the Borough of East Washington." It is also hereafter referred to as "the Zoning Ordinance" or "this chapter."
The zoning regulations and districts set forth in this chapter
are intended to achieve, among others, the following purposes:
A.
Community development objectives.
(1)
To promote, protect and facilitate any or all of the following: the
public health, safety, morals and the general welfare; coordinated
and practical community development and proper density of population;
emergency management preparedness and operations, airports, national
defense facilities, the provision of adequate light and air, access
to incident solar energy, police protection, vehicle parking and loading
space, transportation, water, sewage, schools, recreational facilities,
public grounds, the provision of a safe, reliable and adequate water
supply for domestic, commercial, agricultural or industrial use, and
other public requirements; as well as preservation of the natural,
scenic and historic values in the environment and preservation of
forests, wetlands, aquifers and floodplains.
(2)
To prevent one or more of the following: overcrowding of land, blight,
danger and congestion in travel and transportation, loss of life or
property from fire, flood, panic or other dangers.
(3)
To provide for the use of land within the City and Borough 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; and that this
chapter shall not be deemed invalid for the failure to provide for
any other specific dwelling type.
(4)
To accommodate reasonable and overall community growth, including
population and employment growth, and opportunities for development
of a variety of residential dwelling types and nonresidential uses.
(5)
To preserve and protect all City and Borough neighborhoods.
(6)
To promote, strengthen and enhance local commercial activities and
opportunities.
(7)
To encourage local development that addresses social needs and social
goals of the community.
(8)
To promote fair, understandable and enforceable land use policies.
B.
Relationship to the Comprehensive Plan. This chapter is adopted to
promote orderly plan of development according to the adopted City
of Washington and Borough of East Washington Multi-Municipal Comprehensive
Plan, including data on existing conditions, statements concerning
the proposed plan evaluations of implementation techniques. Such material
shall be considered as legislative history and shall be utilized when
necessary to establish policy in the interpretation of this chapter.
In interpreting and applying the provisions of this Zoning Ordinance,
the provision shall be held to the minimum requirements adopted for
the promotion of the public health, safety, and general welfare of
the City and Borough. Where the provisions of any statute, other ordinance
or regulation impose greater restrictions than this chapter, the provisions
of such statute, ordinance or regulation shall be controlling.
It is hereby declared to be the legislative intent that:
A.
If a court of competent jurisdiction declares any provision of this
chapter to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this chapter shall continue to be separately and fully
effective.
B.
If a court of competent jurisdiction finds the application of any
provision or provisions of this chapter to any lot, building, or other
structure, or tract of land, to be invalid or ineffective, in whole
or in part, the effect of such decisions shall be limited to the person,
property, or situation immediately involved in the controversy, and
the application of any such provision to other persons, property or
situations shall not be affected.
This chapter shall not apply to facilities of a public utility
corporation if specifically exempted by Pennsylvania Public Utility
Commission after a hearing under the provisions of Section 619 of
the Pennsylvania Municipalities Planning Code,[1] as reenacted and amended.
[1]
Editor's Note: See 53 P.S. § 10619.
