[Ord. 560, 6/11/1996, Art. III, § 1; as amended
by Ord. 568, 11/10/1997]
1.
The Borough of West Homestead's generalized land use and development
objective is to promote the highest and best use of the land in the
Borough in a manner which is consistent with the following specific
objectives:
A.
Residential Objectives.
(1)
To maintain, enhance and upgrade the Borough's established residential
areas.
(2)
To provide for a diversity of housing types meeting the needs
of various age and income groups while assuring that each type of
housing develops in appropriate locations consistent with existing
neighborhood character and site suitability.
(3)
To prevent the intrusion of incompatible land uses into residential
areas.
(4)
To promote the use of previously used but currently vacant residential
in-fill sites, as follows:
(a)
To encourage the reuse and/or redevelopment of these sites for
the development and/or expansion of compatible land uses, buildings
and/or structures.
(b)
To develop strategies for promoting the reuse of these sites
in a manner that is consistent with the Borough's Comprehensive Plan
and land use planning objectives.
(c)
To establish performance standards which include provisions
for adequate traffic access, parking, utility connection and usage,
landscaping, buffer areas and signage, and which regulate traffic,
noise and similar negative environmental effects.
B.
Commercial Objectives.
(1)
To support and encourage the continued development of the avenue
business district while recognizing the importance of maintaining
the mixed use (residential, office, personal services, and retail
commercial) character of the district.
(2)
To encourage the establishment of a limited number of suitable
locations on arterial streets bordering residential areas for convenience
commercial uses to serve nearby residential neighborhoods.
(3)
To ensure the provision of adequate off-street parking and loading
facilities for all new commercial development.
(4)
To promote the expansion of existing off-street parking and
loading facilities where needed for existing commercial development.
C.
Riverfront Redevelopment Objectives.
(1)
To support and encourage expansion of the Borough's economic
base through the quality redevelopment of the former USX site on the
Monongahela River by encouraging the development and expansion of
well-planned mixed (industrial, commercial and/or residential) land
uses in the area.
(2)
To develop strategies to promote the use, reuse, development
and redevelopment of vacant industrial sites and buildings in a manner
that is consistent with the Borough's overall land use objectives.
(3)
To establishment development and performance standards for industrial
uses which include provisions for adequate traffic access, off-street
parking and loading, buffer areas, landscaping, and signing, as well
as standards to prevent air, noise, and water pollution and similar
negative environment effects.
D.
Waterfront Development Objectives.
(1)
To support and encourage expansion of the Borough's economic
base by encouraging the development and expansion of well planned
mixed land uses in the WDD.
(2)
To develop strategies for promoting the development of the WDD
in a manner consistent with the Borough's overall land use objectives.
(3)
To establish development and performance standards for the WDD,
including off-street parking, landscaping, and signage, as well as
standards to prevent air, noise and water pollution and similar negative
environmental effects.
E.
Community Facilities and Services Objectives.
(1)
To assure that all areas of the Borough have reasonable access
to public utility services (water, sewage, gas, electric, etc.) and
that the future use, reuse, development and/or redevelopment in the
Borough includes provisions for the proper extension and/or upgrading
of these services, as needed.
(2)
To maintain and upgrade Borough streets and to plan for the
orderly extension of streets to serve areas scheduled for development.
(3)
To ensure that all areas of the Borough are well-served by police,
fire, emergency medical and other municipal services.
F.
Environmental Resources Objectives.
(1)
To recognize the Monongahela River as an important resource
for the Borough.
(2)
To develop standards which limit the use and development of
sensitive environmental areas in the Borough, such as floodplains,
steep slopes (over 15% grade), landslide prone areas, and other undeveloped
areas which have unique environmental barriers to development.
(3)
To develop standards which minimize potential hazards from inadequately
controlled stormwater run-off and excessive soil erosion and/or sedimentation
resulting from the alteration of the land associated with development
related activities.
[Ord. 560, 6/11/1996, Art. III, § 2; as amended
by Ord. 568, 11/10/1997]
1.
Application of the Regulations.
A.
Uniformity of Regulations and Exceptions. The regulations established
by this chapter shall be considered to be the minimum regulations
and shall apply uniformly to each class or kind of structure or land,
except that supplemental regulations may be 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.
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Note: Among several classes of zoning districts, the provisions
for permitted uses may be mutually exclusive in whole or in part.
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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 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 that 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,
that regulation, rule, ordinance, 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.
