[Ord. No. 745, 1/13/2026]
1. Application of the Regulations.
A. Uniformity of Regulations and Exceptions. The regulations established by this chapter shall be considered the minimum regulations and shall apply uniformly to each class or kind of structure or land, except where supplemental regulations have been established by Council within any district for the purposes of:
(1) Making transitional provisions at or near the boundaries of districts.
(2) Regulating non-conforming uses and/or structures.
(3) Regulating, restricting, or prohibiting uses and/or structures at or near major thoroughfares, their intersections and interchanges, or bodies (natural or artificial) of water.
(4) Places of relatively steep slope (over 15% grade).
(5) Public buildings or grounds.
(6) Places recognized by Borough Council as having a unique historical or patriotic value or interest.
(7) Floodplain areas and/or other places having a special character or use affecting or affected by their surroundings.
Note: Among several classes of zoning districts, the provisions for permitted uses may be mutually exclusive in whole or in part.
B. Compliance. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all applicable provisions of this chapter. No changes shall be made in the contour of the land; no grading, excavation, removal or destruction of topsoil, trees or other vegetative cover of land shall be commenced until the zoning certificate has been issued in compliance with the terms of this chapter.
C. Preservation of Other Regulations. Regardless of any other provision of this chapter, no land shall be used, and no structure shall be erected, demolished, or maintained in violation of any federal, state, or county law or regulation.
D. Pending Building Permits. Nothing in this chapter shall require any change in construction or use of any structure for which a building permit has been lawfully issued prior to the effective date of this chapter, or any amendment thereto, provided the construction has begun or a contract has been let pursuant to the issuance of said permit. However, any building permit which has been issued, subsequent to the first public hearing on this chapter but prior to the effective date of this chapter, shall be declared to be void at the time of adoption of this chapter if the structure or use does not conform to the provisions of this chapter and if no substantial construction has begun or contract let.
2. Interpretation.
A. Wherever the regulations within this chapter are at variance with other lawfully adopted rules, regulations, deed restrictions or covenants, the regulation(s), rule(s), ordinance(s), deed restriction or covenant which imposes the more restrictive requirement(s) shall prevail and govern. In the event of any conflict between the regulations contained in an article related to a specific zoning district and any other provisions of this chapter, the regulations set forth in the article related to the specific zoning district shall prevail.
B. No structure or use which was not lawfully existing at the time of the adoption of this chapter shall become or be made lawful solely by reason of the adoption of this chapter; and, further, to the extent that said unlawful structure or use is in conflict with the requirements of this chapter, said structure or use shall remain unlawful hereunder.
C. Repeal of Conflicting Ordinances. All existing ordinances, or parts of ordinances, which are contrary to or conflict with the provisions of this chapter are hereby repealed to the extent necessary to give this chapter full force and effect.
D. Validity. Should any section or provision of this chapter be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof, and the parts or sections remaining shall remain in full force and effect as if the part or section declared unconstitutional had never been a part thereof.
E. Effective Date. This chapter shall take effect immediately upon its adoption by the West Homestead Borough Council.