[Amended 8-1-1994 by Ord. No. 455]
The provisions and maps of this chapter shall be known as and may be cited as the "Evans City Borough Comprehensive Zoning Ordinance," in accordance with and exercising the authority of the Pennsylvania Municipalities Planning Code,[1] and, among others things, shall protect and promote safety, health and morals; accomplish coordinated development; 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; guide uses of land and structures, type and location of streets, public grounds and other facilities; promote the conservation of energy through the use of planning practices and to promote the effective utilization of renewable energy sources; and permit the Borough to minimize such problems as may presently exist or which may be foreseen.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Amended 8-1-1994 by Ord. No. 455]
The regulations in this chapter are deemed necessary in order:
A. 
To promote, protect and facilitate any or all of the following: the public health, safety, morals and the general welfare; coordinated and practical community development and proper density of population; emergency management preparedness and operations; airports and national defense facilities; the provisions of adequate light and air; access to incident solar energy, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, recreational facilities and public grounds; the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use and other public requirements; as well as preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains.
B. 
To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.
C. 
To preserve prime agriculture and farmland considering topography, soil type and classification and present use.
D. 
To provide for the use of land within the municipality for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and two-family dwellings, and a reasonable range of multifamily dwellings in various arrangements, mobile homes and mobile home parks; provided, however, that no zoning ordinance shall be deemed invalid for the failure to provide for any other specific dwelling type.
E. 
To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.
[Added 8-1-1994 by Ord. No. 455]
In addition to the general purposes set forth in § 195-2, the following specific community development objectives relative to land use relationships, population density, criteria to guide the growth and change of housing, business and industry, public utilities and community facilities, traffic circulation and natural resource protection have been considered in shaping the contents of this chapter:
A. 
The small town turn-of-the-century scale and appearance of the Borough should be preserved and enhanced within the context of modern-day requirements.
B. 
The existing pattern of land use should be supported and strengthened by encouraging the reuse of vacant or underutilized properties and protecting residential areas from the inroads of business activity.
C. 
The main street commercial area should be recognized as a subregional business center containing retail and service commercial activity, as well as office uses, housing in the upper floors and adequate off-street parking.
D. 
As industry declines as a source of jobs, encouragement should be given to the establishment and expansion of service-oriented businesses, even along Main Street. The keys are to hold existing jobs and to create new job opportunities.
E. 
Housing should be available at an affordable price to all Borough residents by permitting a variety of housing types and the reuse of available properties at higher densities.
F. 
As the population has declined and aged, it is important to provide housing and community services for the shifting population mix and to stabilize the population by making more housing opportunities available.
G. 
The functions of the various Borough streets should be clear. Unnecessary traffic should be discouraged on residential streets, existing hazards and points of congestion eliminated and pedestrian circulation provided for.
H. 
Existing sewer and water service should be maintained, upgraded as necessary, and the capacity expanded to support future needs.
I. 
Community facilities should be maintained, should serve all segments of the population and should be accessible to the impaired.
J. 
Future development should avoid encroaching upon floodplains, wetlands and steep slopes. Stormwater should be collected and released at a controlled rate. The appearance of the Borough should be improved by street planting and preservation of the outside appearance of older, architecturally interesting buildings.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or that imposing the higher standard, shall govern.
[Amended 8-1-1994 by Ord. No. 455]
A. 
Penalties. Any person, partnership or corporation who or which has violated or permitted the violation of any provision of this chapter shall, upon being found liable therefor in a civil enforcement proceeding brought by the Borough Code Official, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination by the District Justice. If the defendant neither pays nor appeals the judgment in a timely manner, the Borough may enforce the judgment in accordance with applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, at the discretion of the District Justice. All judgments, costs and reasonable attorney fees collected for violation of this chapter shall be paid over to the Borough.
B. 
Citizen actions. While any action to force compliance with this chapter may only be brought by the Borough, any aggrieved owner or tenant who believes his property or person is or will be substantially affected by an alleged violation of this chapter or any other land development ordinance of the Borough as a result of construction, landscaping or alterations on the property of another person or corporation may institute appropriate action to prevent, correct or abate such violation, provided that he serves the Borough Secretary a copy of the complaint at least 30 days before taking action.
[1]
Editor's Note: Original Section 1305.06, Effective Date, which declared adoption of the Zoning Ordinance and its immediate effectiveness necessary due to an emergency in the Borough, was repealed 8-1-1994 by Ord. No. 455.