[Ord. No. 688, 6/4/2018]
This chapter is adopted by authority of and pursuant to the provisions of the Pennsylvania Municipalities Planning Code, Act of the General Assembly No. 247 approved July 31, 1968, as re-enacted and amended December 21, 1988, by Act No. 170 (P.L. 1329).
[Ord. No. 688, 6/4/2018]
This chapter shall be know and may be cited as the Borough of Wellsboro Zoning Ordinance.
[Ord. No. 688, 6/4/2018]
The provisions of this chapter have been designed to:
1. 
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, and national defense facilities, the provisions of adequate light and air, access to incident solar energy, police protection, vehicle parking and loading space, transportation, water, sewerage, 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 forest, wetlands, aquifers and floodplains, and natural drainage.
2. 
To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.
3. 
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.
4. 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
5. 
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
6. 
Comply with federal and state floodplain management requirements.
[Ord. No. 688, 6/4/2018]
This chapter has been prepared to reflect the following policy goals of the Borough of Wellsboro with respect to land use; density of population; the need for housing, commerce and industry; the location and function of streets and other community facilities and utilities; the need for protecting land and natural resources and other relevant factors:
1. 
To encourage the maintenance and preservation of the Central Business District.
2. 
To encourage the preservation of historic structures, resources and neighborhoods.
3. 
To preserve and enhance the existing high-quality residential character of the Borough.
4. 
To encourage the continuation of Wellsboro as a governmental, health, service and commercial center in Tioga County.
5. 
To allow for the logical expansion of residential and commercial areas consistent with the availability of suitable land, roadways and utility systems.
6. 
To maintain industrial areas and associated jobs.
7. 
To provide for a variety of housing types to meet the individual needs of all residents.
8. 
To protect unique lands within the Borough with development limitation due to floodplain, steep slope, poor access or soil conditions.
9. 
To implement relevant land use recommendations of the WCDD Multi-Municipal Comprehensive Plan applicable to the Borough of Wellsboro.
[Ord. No. 688, 6/4/2018]
1. 
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.
2. 
For new sses and structures. In all districts, after the effective date of this chapter, any new building or other structure or any tract of land shall be constructed, developed and used only in accordance with the regulations specified for each district.
3. 
For existing uses and structures. In all districts, after the effective date of this chapter, any existing building or other structure, or any tract of land which is not in conformity with the regulations for the district in which it is located shall be deemed as nonconforming and subject to the regulations of Section 13.8.
4. 
Types of controls. The following minimum and uniform regulations shall apply in the respective districts:
A. 
Use regulations, including permitted, special exception (reserved), and conditional uses;
B. 
Density and height regulations and minimum areas and dimensions including maximum density, building coverage, impervious surface, and building height; and minimum lot areas and width; and minimum front, side, and rear building lines in those districts in which they apply;
C. 
Supplemental regulations for accessory structures; driveways; home occupations; nonconforming lots, structures, buildings, and uses; off-street parking and loading; projections into yards; screening and landscaping; signs; and other unique conditions;
D. 
Floodplain management provisions; and
E. 
Criteria for the evaluation of special exception and conditional uses.
[Ord. No. 688, 6/4/2018]
For the purposes of the Zoning Ordinance, the Township of Lewis is hereby divided into the following zoning districts:
RR
Rural Residential District
RT
Residential Town District
HR
Residential Historic District
CB
Central Business District
H
Hospital District
HC
Highway Commercial District
CM
Commercial Manufacturing District
SSOD
Steep Slope Overlay District
HOD
Historic Overlay District
[Ord. No. 688, 6/4/2018]
1. 
Adoption Of Official Zoning Map. The areas within the Borough limits as assigned to each district and the location of boundaries of the districts established by this chapter are shown upon the Official Zoning Map, which together with all explanatory matter thereon is declared to be a part of this chapter and shall be kept on file with the Borough Secretary. If, and whenever, changes are made in boundaries or other matter included on the Official Zoning Map, such changes in the map shall be made within five days after the amendment has been approved by the Borough Council.[1]
[1]
Editor's Note: The Wellsboro Borough Official Zoning Map is included as an attachment to this chapter.
2. 
Copies of Zoning Map. Regardless of the existence of copies of the Zoning Map which may from time to time be made, the Official Zoning Map shall be that map which is on file with the Borough Secretary. The Official Zoning Map shall govern in all cases where conflicting map information is identified.
3. 
Zoning district boundary lines. The zoning district boundary lines shall be as shown on the Official Zoning Map. District boundary lines are intended to coincide with lot lines, center lines and roadways and streams, the corporate boundary of the Borough or as identified on the map.
4. 
Interpretation of boundaries. If uncertainty exists as to the boundary of any district shown on the Official Zoning Map, the Zoning Officer shall determine the location of such boundary. Such determination may be appealed to the Zoning Hearing Board.
5. 
Relationship to Historic Architectural Review Board (HARB) District. Regulated under Borough Ordinance No. 604, the Wellsboro HARB District has certain separate and distinct requirements in addition to those established by these zoning regulations. The purpose of the HARB District is to establish an area in the Borough where the construction, alteration, reconstruction, repair, restoration or demolition of buildings, signs or structures shall be reviewed by an Historic Architectural Review Board and approved by the Borough Council prior to the securing of a building permit. The HARB District conforms to the HOD and is shown on the Zoning District Map. The HOD requirements subject portions of the underlying zoning districts [i.e., Central Business (CB), Hospital (H), Historic Residential (HR) and Highway Commercial (HC)] to certain use and dimensional requirements, beyond the scope of the HARB Ordinance, under the powers afforded to the Borough by the Pennsylvania Municipalities Planning Code.
[Ord. No. 688, 6/4/2018]
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 the chapter as a whole nor the validity of any other section or provision of the chapter than the one so declared.
[Ord. No. 688, 6/4/2018]
1. 
Repeal. All existing ordinances or parts of ordinances, which are contrary to the provisions of this chapter are hereby repealed to the extent necessary to give this chapter full force and effect.
2. 
Relation to state law. In all matters that are regulated by the laws of the Commonwealth of Pennsylvania, such laws shall control where their requirements are in excess of this chapter. The chapter shall control in all cases where the state requirements are less than herein contained.
[Ord. No. 688, 6/4/2018]
1. 
This chapter shall not create liability on the part of the Borough of Wellsboro or any officer or employee thereof for any fire or flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
2. 
With regard to the floodplain management provisions of this chapter, the degree of flood protection sought by these provisions is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.
3. 
Access to a public system (i.e., water or sewerage systems), when stipulated by this chapter, cannot be guaranteed by the Municipality. The conditions and terms of access shall be set by the receiving authority or utility company.
[Ord. No. 688, 6/4/2018]
This chapter serves to amend under the terms of Section 609 of the Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, the prior Wellsboro Borough Zoning Ordinance, Ordinance No. 615 enacted and ordained by the Borough Council of Wellsboro, Tioga County, Pennsylvania, on June 14, 2004, and any subsequent amendments to that ordinance.
[Ord. No. 688, 6/4/2018]
This chapter shall be effective on June 5, 2018.