This chapter, entitled the "Smart Code - Zoning Ordinance," shall also be known as the "Official Zoning Ordinance of the Borough of Marietta," and the Zoning Map is designated as the "Official Zoning Map of the Borough of Marietta."
This chapter is authorized under the grant powers by the General Assembly of the Commonwealth of Pennsylvania, Act 247, the Pennsylvania Municipalities Planning Code, July 31, 1968, as amended hereinafter.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter is made with consideration for the Borough of Marietta's character, its various parts, and the suitability of the various parts for particular uses and structures. This chapter is enacted for the following purposes:
A. 
To retain existing residents and businesses and attract new ones to the Borough because of its established community character, resources and riverfront features.
B. 
To promote, protect and facilitate one or more of the following: public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, emergency preparedness, disaster evacuation, providing adequate light and air, police protection, vehicle parking and loading berth/space, transportation, water, sewerage, schools, public grounds, and other public requirements.
C. 
To provide individual and mixtures of uses, buildings and/or structures compatible with the character of development or the permitted uses within the specified zoning districts.
D. 
To maintain the stability of residential, commercial, institutional, and industrial areas and preserve natural resources within a framework of development, and heritage resources for the Borough of Marietta.
E. 
To encourage and maintain the Borough's historic patterns of traditional neighborhood form encouraging walkability throughout the community.
F. 
To protect private-sector and public-sector investments being made to the land area and building stock.
G. 
To promote and to foster the community development goals and objectives, including quality infill, redevelopment and/or adaptive reuse, as identified in the Comprehensive Plan, as amended, that the Borough of Marietta has adopted.
In applying this chapter, it serves as the minimum requirements for promotion of health, safety, morals, and general welfare of the Borough of Marietta. If this chapter imposes more stringent restrictions upon the use of buildings, structures, and land than contained in applicable deeds or agreements, the stricter requirements of this chapter still apply and control.
The provisions of this chapter shall apply uniformly to all buildings, structures, uses, signs, and land areas. Temporary uses are regulated by § 370-903 of this chapter and are also subject to the applicable Borough permitting requirements found on file at the Borough Municipal Building.
It is not intended that this chapter replaces or interferes with any existing ordinance or with any rule the Borough of Marietta adopted or issues. If this chapter imposes greater restrictions upon the user of buildings or land, then the provisions of this chapter will apply.
Except as otherwise required by law, this chapter is intended as a continuation of, and not a repeal of, existing regulations governing the subject matter. To the extent that this chapter restates regulations contained in ordinances previously enacted by the Borough, this chapter shall be considered a restatement and not a repeal of such regulations. It is the specific intent of the Borough Council that all provisions of this chapter shall be considered in full force and effect as of the date such regulations were initially enacted. All zoning ordinances or parts of zoning ordinances inconsistent with the provisions of this chapter are hereby repealed. It is expressly provided that the provisions of this chapter shall not affect any act done, contract executed or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted to enforce any rights, rule, regulation or ordinance, or part thereof, or to punish any violation which occurred under any prior zoning regulation or ordinance. In the event any violation has occurred under any prior zoning regulation or ordinance, the provisions and penalties provided in said prior zoning regulation or ordinance shall remain effective as to said violation.
If any content of this chapter is declared invalid for any reason, such decision will not affect the remaining portions of this chapter, which remains in full force and effect, and for this purpose the provisions of this chapter are declared to be severable.