The Township Commissioners of the Township of Reserve hereby
adopts and enacts the regulations, zoning districts, administrative
structures, and administrative procedures that constitute this Zoning
Ordinance No. 610. From and after the approval of this chapter, the
districts specified herein shall be established, and the following
regulations shall be in full force and effect.
This chapter shall be known as the "Township of Reserve Zoning
Ordinance No. 610."
A.
This chapter regulates all land uses, lots, and structures within the Township of Reserve except those that are the property of the Township itself. Every regulated land use, lot, or structure must either conform to the rules of this chapter or be a nonconforming use, nonconforming lot, or nonconforming structure. A nonconformity is defined as a use, lot, or structure that was legally established before the effective date of this chapter's enactment (see § 430-6, When effective), and does not conform to the substantive requirements of this chapter. Because nonconformities were legally established, and because their owners could not have known what the regulations of this chapter were going to be in advance, the owners have a legal and ethical right to continue their nonconformities. However, all nonconformities, except nonconforming signs, are subject to the regulations of § 430-17, Nonconformities. Special regulations for nonconforming signs are given in Article XI, Signs. All regulated land uses, lots, and structures that are neither in conformance with the controls of this chapter nor nonconformities are illegal and subject to the enforcement procedures and penalties specified in Article III, § 430-31, Enforcement.
B.
Zoning ordinances are always complex due to the complex nature of
modern communities. However, this chapter is organized to be simple
and to minimize the amount of reading required to determine how a
property or project is restricted.
C.
All of the provisions in this chapter that affect Reserve landowners on a daily basis and apply to all properties within the Township are included in Article I, General Provisions. The sections in the remainder of Article I explain what the general purposes of this chapter are, what its basic rules are, when zoning or occupancy permits are needed, how to get these permits, what extra regulations apply to nonconforming uses, what a variance is, how to get a variance, how this chapter will be enforced, how landowners may contest the Zoning Officer's determinations, and how landowners may dispute the validity of this chapter. Anyone who has a question concerning how this chapter regulates a property should read Article I.
D.
However, many of the regulations in this chapter should not be applied to all areas of the Township due to the differing statuses and goals of these areas. So Article IV, Zoning Districts, divides the Township into seven "zoning districts," each of which is composed of areas with similar present-day statuses and goals and faces a set of regulations that is different than the set faced by every other zoning district. Article IV then provides this set of regulations for each district, addressing such subjects as permitted land uses, off-street parking and loading facilities, setbacks, building heights, lot designs, and more. Although § 430-40, Purpose, explains how this article should be read in more detail, a general rule of thumb is that readers who have a question concerning how this chapter regulates a property need to read only the parts of Article IV that concern the zoning district of that property.
E.
Article III, Administration, § 430-28, Special exceptions and conditional uses, explains what a special exception use is, reveals what a conditional use is, illustrates the procedures for obtaining permits for these uses, lists the standards that the Zoning Hearing Board is to utilize in determining whether or not to grant a special exception use, and lists the standards that the Township is to employ in determining whether or not to grant a conditional use. Article X, Temporary Uses, explains what a temporary use is, illustrates the procedures for obtaining permits for one, and lists the standards that the Township Commissioners is to utilize in determining whether or not to grant it. Article XI, Signs, contains all of this chapter's sign regulations. Article III contains this chapter's administrative provisions that are relevant to municipal officials on a daily basis[1], but not usually to landowners (administrative provisions that are more relevant to landowners are included in Article I). Article II, Terminology, provides a glossary of some of the terms used in this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: Such provisions include explanations of the
zoning-related functions of the Township's Zoning Officer, Zoning
Hearing Board, and Township.
F.
The sections in Article IV apply to every regulated land use, lot, and structure in the Township. Because they address each one of Reserve's seven zoning districts, the sections in Article IV also apply to every regulated land use, lot, and structure in the Township. However, the sections of this chapter apply only when a provision of either Article III or Article IV explicitly says so. Municipal officials should be familiar with this entire chapter. However, anyone who has a question concerning how this chapter regulates a property only needs to read the following:
G.
This chapter is organized in this manner so that landowners can determine
how the use of their property is restricted without reading the entire
document.
A.
It is the intent, purpose and scope of this chapter to protect and
promote safety, health and morals; to accomplish coordinated development;
to provide for the general welfare by guiding and protecting amenity,
convenience, future governmental, economic, practical, and social
and cultural facilities, development and growth, as well as the improvement
of governmental processes and functions; to guide uses of land and
structures, type and location of streets, public grounds and other
facilities; to promote the conservation of energy through the use
of planning practices and to promote the effective utilization of
renewable energy sources; to promote the preservation of this Township's
natural and historic resources and prime agricultural land; to encourage
the preservation of prime agricultural land and natural and historic
resources through easements, transfer of development rights and rezoning;
to facilitate the present and future economic viability of existing
agricultural operations in this Township and to not prevent or impede
the owner or operator's need to change or expand their operations
in the future in order to remain viable; to encourage the revitalization
of established urban centers; and to permit and to minimize such problems
as may presently exist or which may be foreseen and to protect, preserve
or conserve open land, consisting of natural resources, forests and
woodlands, any actions taken to protect, preserve or conserve such
land shall not be for the purposes of precluding access for forestry.
B.
The secondary general purposes of this chapter are adopted from the
Reserve Planning Committee. Each of these is discussed below.
(1)
Community facilities.
|
Goal:
|
Provide a complete array of community facilities to Township
residents.
|
|
Objective:
|
Acquire street furniture, sidewalks, or pedestrian oriented
aesthetics and safety for Mount Troy Road Business District.
|
|
Goal:
|
Provide police service at the lowest possible cost to the Township.
|
|
Objectives:
|
Continue to have support agreements with adjacent police departments.
|
|
Goal:
|
Expand Public Works Department and Equipment.
|
|
Objective:
|
Develop a shared Public Works Department with neighboring municipalities
to reduce costs to Township Residents. Also, to avoid duplication
of service at a better economy of scale.
|
(2)
Transportation.
|
Goal:
|
Improve traffic circulation and safety in higher density residential
areas - Lower Mount Troy Road and Business District.
|
|
Objective:
|
Develop pedestrian circulation plan for areas lacking sidewalks.
|
(3)
Public utilities.
|
Goal:
|
Establish potable water service on Spring Garden Avenue.
|
|
Objective:
|
Apply for CDBG funds to extend sanitary sewer service on Spring
Garden Avenue.
|
|
Goal:
|
Establish better water pressure service on Geyer Road.
|
|
Objective:
|
Apply for CDBG funds to extend sanitary sewer service on Geyer
Road Area.
|
(4)
Housing.
|
Goal:
|
Improve housing conditions for low-to-moderate income homeowners.
|
|
Objective:
|
Weatherize 10 houses per year through the Allegheny County Redevelopment
Authority and Action Housing Weatherization Program.
|
|
Goal:
|
Provide a variety of housing types at various densities for
all income levels - single family, two bedroom, garden apartments.
|
|
Objective:
|
Revise zoning ordinance to promote new housing development.
Promote efficient housing.
|
(5)
Land use.
|
Goal:
|
Establish a commercial district along lower Mount Troy Road
area.
|
|
Objective:
|
Revise the Township's Zoning Ordinance to encourage small-scale
commercial land uses.
|
|
Goal:
|
Maximize the value of vacant land in the Township to increase
the tax base.
|
|
Objective:
|
Create adaptive reuse and infill standards to encourage a strong
and diverse tax base.
|
(6)
Recreation.
|
Goal:
|
Provide recreation for all age groups.
|
|
Objective:
|
Hire a shared recreation director to manage parks and provide
program-planning functions.
|
(7)
Economic development.
|
Goal:
|
Attract development to the Township.
|
|
Objective:
|
Market sites as an infill development of adaptive reuse candidate.
|
|
Goal:
|
Increase tax base without increasing property tax.
|
|
Objective:
|
Promote the adaptive reuse of existing buildings and promote
infill development in the Township.
|
C.
Because Reserve Township does not yet have a Comprehensive Plan that
meets all requirements of the Pennsylvania Municipalities Planning
Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended, by
adopting this set of community development goals and objectives satisfies
the requirements of Section 606 of the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10606.
D.
The reserve Township Planning Committee. The Reserve Planning Committee
used the following purposes to develop this chapter. These purposes
serve as secondary general purposes of this chapter.
(1)
To protect and promote the health, safety, and welfare of both the
residents of the Township of Reserve and the general public.
(2)
To encourage the orderly growth and development of the Township in
accordance with the recommendations of the Township's Comprehensive
Plan goals, objectives, and policies of the Reserve Township Comprehensive
Plan.
(3)
To protect and maintain the character, stability, and value of the
residential, commercial, and industrial areas of the Township.
(4)
To provide adequate light, air, and privacy, and to prevent the overcrowding
of people and structures.
(5)
To provide protection against fire, explosion, noxious fumes, noise,
and other hazards in the interest of the public health, safety, comfort,
and general welfare.
(6)
To encourage the most appropriate use of the land and structures
throughout the Township through the establishment of land use districts
and the regulation of land, activities, and structures within these
districts.
(7)
To provide for the gradual elimination of those uses of land, buildings,
and structures which do not conform to the requirements of the district
in which they are located and which adversely affect the development
of neighboring properties.
(8)
To minimize the conversion of single family detached housing into
multifamily dwellings thus maintaining the land values and neighborhood
characteristics of large portions of the Township.
The establishment of zoning districts within municipalities such as the Township of Reserve, the assignment of regulations to these districts, and the assignment of administrative structures and procedures to these regulations for purposes like those given in § 430-13, General rules for land uses and lots, of this chapter have been authorized by the Pennsylvania Municipalities Planning Code as reenacted and amended through 2002.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The effective date of this chapter's enactment shall be the
date that this chapter was enacted by the Township Commissioners of
the Township of Reserve.
For the purposes of this chapter, words shall be interpreted
as follows unless noted otherwise.
A.
When the meaning of a regulation as it applies to a given property
is not clear, it shall be interpreted in favor of that property and
against any implied extension of the regulation.
Where a provision of this chapter conflicts with a provision
of another ordinance, state law, or federal law, the stricter of the
two provisions shall apply.
All structures and plans for structures within the Township's floodplain as defined by Chapter 232, Floodplain Management, of the Code of the Township of Reserve or any subsequent revisions thereof are subject to the floodplain regulations enacted by that chapter.
The provisions of this chapter shall be severable, and should
a court of competent jurisdiction declare any section or provision
of this chapter invalid or unconstitutional, the validity of any remaining
sections or provisions shall not be declared invalid or unconstitutional.
This chapter shall not annul any easements, covenants, or private
agreements. However, the existence of any such easement, covenant,
or private agreement shall not affect the enforceability of this chapter.
The Reserve Township Commissioners may temporarily waive some
of the regulations of this chapter during a local emergency.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All land uses shall be allowed on lots as a permitted principal
use, permitted accessory use, special exception use, conditional use,
and/or temporary use. The zoning district of that lot determines the
actual uses which are allowed on a lot (see Table IV-A, the Zoning
and Off-Street Parking and Loading Chart). However, the following
rules shall apply to the establishment of land uses on lots in all
districts.
A.
No permitted accessory use shall be constructed more than 180 days
before the use to which it is accessory.
B.
No structure shall be located closer than five feet from another
structure unless that structure is a fence, is attached to the other
structure, or forms an integral part of the other structure.
C.
All commercial tanks that contain or carry more than 20 gallons of
fuel, lubricants, or any other poisonous liquid shall be located at
least 10 feet from all property lines and public rights-of-way.
A.
Parking facilities and zoning district regulations. All parking facilities
are subject to the regulations of the zoning district in which they
are located unless this chapter specifically states otherwise. Furthermore,
all parking garages are subject to the regulations on structures imposed
by the zoning district in which they are located.
B.
Emergency and nonprofit temporary events. Township Commissioners
may waive any parking or loading requirement of this chapter for emergency,
community or nonprofit temporary events.
For the purposes of this chapter, businesses that consist of
several land uses shall be classified as the constituent land use
that this chapter regulates the most strictly.
A.
When an occupancy permit is needed. Before any landowner may use or occupy a vacant lot; use or occupy new, reconstructed, structurally altered, moved, and/or vacant nonsign structure; or change the use of a nonsign structure or lot, an occupancy permit must be obtained (unless this chapter specifically states otherwise). Article XI, Signs, explains when occupancy permits are needed for signs.
B.
The procedure for obtaining an occupancy permit.
(1)
After the completion of all development activities, but before the
involved structure and/or lot is used or occupied, the applicant shall
notify the Zoning Officer and pay the required fees set by Township
Commissioners. The Zoning Officer shall examine the involved structure
and/or lot within 10 days of this notification and payment. If the
Zoning Officer determines that some requirements may not have been
met, he or she may require an as-built survey to verify that setback
and other site plan requirements have been met.
(2)
If the structure, lot, and the involved use comply with the provisions
of this chapter, other applicable ordinances, and laws, and any plans
approved for a zoning permit, then the Zoning Officer shall issue
an occupancy permit. Otherwise, he or she shall not. If the Zoning
Officer does not act within the time required in this chapter, then
the permit shall be deemed to be issued.
C.
Temporary occupancy permits. The Zoning Officer may issue a temporary
occupancy permit, which allows the use, partial use, or occupancy
of the involved structure or lot during development activities. Such
a permit shall be valid for no longer than three months.
D.
Inspections. In order to make the determinations required by Subsection B of this section, the Zoning Officer shall have the authority to enter any building, structure, premises, property, or development in the Township at any reasonable hour upon presentation of proper credentials.
E.
Revocation of permits. If the Zoning Officer discovers that the applicant has made any false statements or misrepresentations regarding the development, the Zoning Officer shall revoke the occupancy permit and proceed with whatever legal action is necessary to correct the violation (see Article III, § 430-31, Enforcement).
F.
Permits issued in error. Any occupancy permits issued in error shall
be invalid.
H.
The duration of occupancy permits. Nontemporary occupancy permits
shall be valid for the lifespan of the involved development, except
if that development is either a temporary sign on private property
(in which case the permit shall only be valid for 30 days) or a temporary
sign on a public right-of-way (in which case the permit shall only
be valid for 60 days).
B.
General rules concerning nonconformities. The following rules apply
to or concern all nonconforming structures, land uses, and lots.
(1)
The Zoning Officer may keep and maintain a list of all nonconformities that exist in the Township on the effective date of this chapter's enactment (see § 430-6, When effective) and on the effective dates of any amendments to either this chapter or its map.
(2)
The owner of nonconformity may obtain a certificate of nonconformity
from the Township's Zoning Officer. This certificate shall state that
the owner's right to continue his or her nonconformity is guaranteed.
(4)
Any structure, land use, or lot that was illegally established under
a previous zoning ordinance or land use regulation shall remain illegal
under this chapter, even if it conforms to the regulations of this
chapter. No illegal structure, land use, or lot shall become nonconformity
under this chapter.
(5)
Any structure, land use, or lot (existing or future) that becomes
nonconformity due to an amendment made after the effective date of
this chapter's enactment shall be subject to the regulations of this
section.
C.
Nonconforming structures or buildings. The following rules apply
to all nonconforming structures.
(1)
A nonconforming structure or building may be altered, enlarged, repaired,
or reconstructed provided that:
(a)
Its nonconformity or nonconformities are not increased;
(b)
It will comply with the other applicable requirements of this
chapter;
(d)
It follows any applicable building codes; and
(e)
It has not been abandoned, which shall be defined as having
its windows or doors boarded up, having its maintenance discontinued,
and/or being unused for a total of six months within a twelve-month
period.
(2)
A nonconforming structure or building may be reconstructed after
it is partially destroyed by a natural or artificial disaster, and
any nonconforming use within it may be continued, provided that:
(3)
A conforming use in a nonconforming structure may expand within that
structure.
D.
Nonconforming uses. The following rules apply to all nonconforming
uses.
(1)
To allow for natural economic growth, a nonconforming use may expand in terms of 25% of gross floor area or lot coverage of existing structure, provided that the use's owner can prove to the Township's Zoning Hearing Board, via the procedure outlined in § 430-38, Zoning Hearing Board, that:
(a)
No aspect of the structure or structures that contain or will
contain the use shall become either nonconforming or more nonconforming
than it was before;
(b)
The use does not expand on to property that was acquired prior
to when the use became nonconforming;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
The expansion does not eliminate off-street parking spaces or
loading berths required by this chapter; and
(2)
If a nonconforming use is changed to a conforming use, it shall not
be subsequently changed back to a nonconforming use.
(3)
A nonconforming use may be changed to another nonconforming use if the use's owner can prove to the Township's Zoning Hearing Board via the procedure outlined in § 430-38, Zoning Hearing Board[2] that the proposed use is the same type of use as the original
use, or is a use that conforms more closely to the purpose and regulations[3] of the involved zoning district than the original use.
In making a judgment on similar uses, the Zoning Hearing Board shall
be guided by the use classification system in the Standard Industrial
Classification Manual, Federal Office of Management, and Budget, current
edition.
[2]
Note that the Zoning Hearing Board's decision on this matter
may be appealed to the Court of Common Pleas of the judicial district
in which the involved property is located.
[3]
Setbacks, height regulations, lot requirements, and off-street
parking and loading requirements shall be considered here, along with
any of this chapter's other regulations that the Zoning Hearing Board
decides are relevant.
(4)
A nonconforming use that has been abandoned shall not be returned
to a nonconforming use of any kind. A nonconforming use shall be abandoned
when one or more of the following conditions have been met:
(a)
The owner's intent to discontinue the use is apparent through
such actions as the boarding up of windows, the boarding up of entrances,
or the discontinuation of maintenance.
(b)
The use has been discontinued for a total of six months within
an eighteen-month period.
(c)
The use has been replaced by a conforming use.
(5)
A special exception or conditional use shall not be considered a
nonconforming use, but rather a lawful conforming use.
A.
The purpose of preliminary opinions. According to § 430-35, Time limitations, any aggrieved party who wishes to stop or limit a proposed construction, reconstruction, alteration, or other physical development by challenging either the procedural or substantive validity of this chapter (see Article III, § 430-32, Procedural challenges, and Article III, § 430-33, Substantive challenges) may only do so within 30 days of the development's receiving a zoning permit (see Article III, § 430-24, Zoning permits). Likewise, any aggrieved party who wishes to stop or limit a proposed land use by challenging either the procedural or substantive validity of this chapter may only do so within 30 days of the use's receiving an occupancy permit (see, § 430-16, Occupancy permits). Preliminary opinions are a tool that the landowner who is proposing the involved development or use may employ to shorten this thirty-day time period.
B.
The procedure for obtaining a preliminary opinion. Preliminary opinions
may be obtained by following this procedure:
(1)
In order not to unreasonably delay the time when a landowner may
secure assurance that this chapter or map under which he proposed
to build is free from challenge, and recognizing that the procedure
for preliminary approval of his development may be too cumbersome
or may be unavailable, the landowner may advance the date from which
time for any challenge to this chapter or map will run under section
914.1 of the PA MPC[1] by the following procedure:
(a)
The landowner may submit plans and other materials describing
his proposed use or development to the Zoning Officer for a preliminary
opinion as to their compliance with the applicable ordinances and
maps. Such plans and other materials shall not be required to meet
the standards prescribed for preliminary, tentative or final approval
or for the issuance of a building permit so long as they provide reasonable
notice of the proposed use or development and a sufficient basis for
a preliminary opinion as to its compliance.
(b)
If the Zoning Officers preliminary opinion is that the use or
development complies with this chapter or map, notice thereof shall
be published once each week for two successive weeks in a newspaper
of general circulation in the municipality. Such notice shall include
a general description of the proposed use or development and its location,
by some readily identifiable directive, and the place and times where
the plans and other materials may be examined by the public. The favorable
preliminary approval under section 914.1 and the time therein specified
for commencing a proceeding with the Board shall run from the time
when the second notice thereof has been published.
[1]
Editor's Note: See 53 P.S. § 10914.1.
C.
How an approved preliminary opinion affects the time limits of § 430-35. If the Zoning Officer approves the proposed use or development as specified under Subsection B above, then the thirty-day period during which an aggrieved party may stop or limit the proposed use or development by challenging the procedural or substantive validity of this chapter (see Article III, § 430-32, Procedural challenges, and Article III, § 430-33, Substantive challenges) begins on the date that the second notice is published instead of the date on which the proposed use or development receives the applicable permit.
This chapter may be amended through a landowner curative amendment, a municipal curative amendment, or a common amendment. The purposes behind and procedures for landowner curative amendments are given in Article III, § 430-33, Substantive challenges. Municipal curative amendments are only used by Township Commissioners, are used to cure substantial validity problems within this chapter, and are addressed in § 430-39, Township Board of Commissioners. Common amendments are also addressed in § 430-39, Township Board of Commissioners.
