This chapter is adopted by virtue of the authority granted to
the Borough by the Commonwealth of Pennsylvania by the Pennsylvania
Municipalities Planning Code (MPC), Act 247 of 1968,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter is an important part of Baldwin Borough's overall
land use management program that is implemented to protect the health,
safety and welfare of the Borough's residential and business community.
The chapter is divided into subchapters for ease of use and navigation:
A.
ARTICLE I, General Provisions: This article describes the overall
zoning chapter, its purpose and objectives.
B.
ARTICLE II, Terminology: This article describes land uses and other
terms relevant to this chapter.
C.
ARTICLE III, Zoning Districts and Zoning Map: This subchapter describes
and establishes zoning districts, within which certain land uses are
permitted.
D.
ARTICLE IV, Conditional Uses, Special Exceptions, and Supplemental
Regulations, Including Signs: This article describes land uses related
to structures and land in the Borough. It includes regulations such
as setbacks and height restrictions. Additionally, there are requirements
that are specific to certain uses or certain districts.
E.
ARTICLE V, Administration: This article describes the roles for individuals
and groups as they apply to this chapter. These include the Borough
Council, Zoning Officer, Building Inspector, Planning Commission and
Zoning Hearing Board.
F.
ARTICLE VI, Enforcement and Penalties: This article describes application
processes that allow for meaningful review and consideration of zoning
permits, including approvals for conditional uses and special exceptions.
This chapter consists of an ordinance authorizing and empowering
the Borough of Baldwin to plan its development and to govern the same
by providing for zoning regulations, providing for appropriations
and penalties for violations of the same; establishing 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 Baldwin, and for such purposes to divide the Borough
into zoning districts; and repealing all ordinances in conflict herewith.
This chapter shall be known and may be cited as the "Zoning
Ordinance of the Borough of Baldwin, Allegheny County, Pennsylvania."
The Borough Council adopted "Baldwin Borough Plans: One Vision,
One Baldwin," an update to the Borough Comprehensive Plan (hereinafter
"Comprehensive Plan") on April 21, 2015. The zoning regulations and
zoning districts set forth in this chapter are made in accordance
with the Comprehensive Plan of the Borough of Baldwin for the general
welfare of the Borough residents and are intended to achieve, among
others, the following purposes: to secure safety from fire and other
dangers, to provide adequate light and air, to prevent the overcrowding
of the land and 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 land use regulations were made
with reasonable consideration, among other things, of the existing
character of the various areas and neighborhoods within the Borough,
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 Baldwin Borough. Furthermore, the districts
established in this regulation are intended to achieve the following:
A.
To provide sufficient space, appropriately located for residential
development to meet the housing needs of the present and expected
future population of the Borough within the range of house types and
densities anticipated.
B.
To assure light, air and privacy, as far as possible, by controlling
the spacing and height of buildings and other structures.
C.
To protect residential areas against hazards of fire, offensive noise,
vibration, smoke, odors, glare or other objectionable influences.
D.
To prevent congestion, as far as possible, by regulating the density
of population and the bulk of buildings, and by providing for sufficient
off-street parking.
E.
To protect residential neighborhoods, as far as possible, from heavy
or through traffic.
F.
To make possible provisions of those public and private educational,
recreational, health and similar facilities serving the needs of nearby
residents, which perform most effectively in a residential environment
and do not create objectionable influences.
G.
To promote the most desirable use of land and direction of building
development in accord with a well-considered plan, to promote stable
residential development, to protect the character of any district
and its peculiar suitability for particular uses, to conserve the
value of land and buildings and to protect the Borough tax revenues.
This chapter is adopted to promote an orderly plan of development
according to an established Comprehensive Plan, including data on
existing conditions, statements concerning the proposed plan and evaluations
of implementation techniques. Such material shall be considered as
legislative history and shall be utilized when necessary to establish
policy in the interpretation of this chapter.
A.
The community development objectives of the Borough of Baldwin existing
at the time of the adoption of this chapter are contained specifically
in the Comprehensive Plan adopted by Borough Council on April 21,
2015. The Comprehensive Plan is on file in the office of the Secretary
of the Borough of Baldwin and was adopted for the purposes of ascertaining
future land use, densities of population, location and function of
streets, community facilities and utilities. The community development
objectives include the following:
(1)
Preserve the character of Baldwin Borough's residential neighborhoods
to ensure an adequate choice of attractive living accommodations promoting
compatibility of both a strong single-family housing stock and healthy
rental stock.
A.
Minimum and uniform regulations. 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.
B.
For new uses and structures. In all districts, after the effective
date of this chapter, any new building or other structure on any tract
of land shall be constructed, developed and used only in accordance
with the regulations specified for each district.
C.
For existing uses and structures. 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 nonconforming
and subject to the regulations of this chapter.
A.
In interpreting the language of this chapter to determine the extent
of a restriction upon the use of property, the language shall be interpreted,
where doubt exists as to the intended meaning of the language written
and enacted by the governing body, in favor of the property owner
and against any implied extension of the restriction.
B.
The interpretation of the regulations of this chapter is intended
to be such that, whenever these requirements are at variance with
any other lawfully adopted rules, regulations, ordinances, deed restrictions
or covenants, as particularly refer to area and bulk regulations and
impose higher standards, the most restrictive requirement shall govern.
