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.
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.