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Long title. An ordinance to establish zoning regulations for the use of land and 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 Borough of Mount Oliver, Allegheny County, Pennsylvania, and for such purposes to divide the Borough into zoning districts; and further to provide for administration, enforcement and amendment thereof, in accordance with the provisions of the Pennsylvania Municipalities Planning Code[1] and to repeal all ordinances, or portions thereof, in conflict herewith.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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Short title. This chapter shall be known and may be cited as the "Zoning Ordinance of the Borough of Mount Oliver, Allegheny County, Pennsylvania."
Section 601 of the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247, as reenacted and amended)[1] provides that the Mount Oliver Borough Council may enact and amend a zoning ordinance to implement the Mount Oliver Comprehensive Plan and to accomplish any of the purposes of the Municipalities Planning Code.
[1]
Editor's Note: See 53 P.S. § 10601.
The zoning regulations and districts set forth in this chapter are made in accordance with the Borough Comprehensive Plan, adopted February 20, 2017, and the community development objectives of that plan are hereby incorporated by reference. In addition, to protect the general welfare of the Borough, this chapter is intended to achieve, among others, the following purposes:
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To lessen congestion in the streets, to secure safety from fire and other dangers, to provide adequate light and air, to prevent the overcrowding of the land, avoid undue concentrations of population, to facilitate adequate provisions for transportation, water, sewerage, schools, parks and other public requirements, as well as the conservation of the value of land and buildings. These were made with reasonable consideration, among other things, of the existing character of the various areas, their respective suitability for particular land uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Borough of Mount Oliver.
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This chapter is adopted to promote an orderly plan of development according to the Borough's adopted Comprehensive Plan which shall be considered as legislative history and shall be utilized when necessary to establish policy in the interpretation of this chapter.
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Minimum and uniform regulations.
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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.
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For new uses and structures.
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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.
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For existing uses and structures.
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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 a legal, nonconforming use or structure, subject to the nonconforming uses and structure provisions of this chapter.
In the interpretation and application, the provisions of this chapter shall be considered minimum requirements adopted for the promotion of the health, safety and general welfare of the public. In interpreting the language of this chapter to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the Borough Council, in favor of the property owner and against any implied extension of the restriction.
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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.
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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.
The regulations of this chapter shall apply to properties within the Borough of Mount Oliver, Allegheny County, Pennsylvania and to all zoning districts, lots, structures, land developments, and subdivisions in the Borough.
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The Borough Council shall establish by resolution, from time to time, a Schedule of Fees, charges and expenses and a collection procedure for zoning permits and certificates, appeals and other matters pertaining to this chapter.
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Such fees shall be payable to the Borough, and until all applicable fees, charges, and expenses have been paid in full, the application shall be considered incomplete, and no action shall be taken on the applications.
No land shall be used or occupied, and no structures shall be designed, erected, altered, used, or occupied except in conformity with this chapter and in compliance with all standards, and upon performance of all conditions attached to any use approval, variance, appeal, rezoning, subdivision and land development approval, planned residential approval, or site plan approved pursuant to all land use regulations of Mount Oliver Borough.