It is the purpose of these regulations to prescribe
certain common restrictions which are applicable throughout the municipality.
In addition, specific definitions and language interpretations of
words and phrases which have particular reference to zoning are contained
here. Explanatory material relating to the scope of these restrictions
and their interpretations are also contained in this article. Nothing
herein shall be interpreted as providing limitations on specific controls
delineated in subsequent sections of this chapter.
Long title: "An ordinance to establish 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 Township of Chartiers, Pennsylvania, and for such
purposes to divide the Township into zoning districts; and further,
to provide for administrative enforcement and amendment thereof, in
accordance with the provisions of the Pennsylvania Municipalities
Planning Code (Act 247),[1] as amended."
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter shall be known and may be cited
as the "Zoning Ordinance of the Township of Chartiers."
The zoning regulations and districts set forth
in this chapter are made in accordance with the Comprehensive Plan
of the Township for the following purposes:
A.
Regulating and restricting the height, number of stories,
size of buildings and other structures and construction, alteration,
extension, repair, maintenance and all facilities and services in
and about such buildings and structures, and percentage of lot that
may be occupied, the size of yards, courts and other open spaces,
the density of population and the location and use of buildings, structures
and land for trade, residence or other purposes;
B.
Regulating industrial and other types of uses;
C.
Establishing building lines and setback building lines
upon public streets;
D.
Establishing the boundaries of districts for said
purposes;
E.
Providing for the elimination of nonconformities;
F.
Creating a Zoning Hearing Board and conferring power
upon the said Board and upon the Zoning Officer;
G.
Providing fines and penalties for the violation of
this chapter;
H.
Promoting health, safety, morals, or the general welfare
of the Township and the residents thereof;
I.
Lessening congestion in streets;
J.
Securing safety from fire, panic and other dangers;
K.
Providing adequate light and air;
L.
Preventing the overcrowding of land to avoid undue
concentration of population; and
M.
Facilitating the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements of the
Township of Chartiers and the residents thereof.
A.
Minimum standards. In interpreting and applying the
provisions of this chapter, they shall be held to be the minimum requirements
for the promotion of the public health, safety and welfare of the
municipality.
B.
Relief from standards. It is fundamental to the purpose of the chapter to recognize that many existing lots throughout the Township are less adequate than others because of their location or size or odd shape or difficult topography, or any combination of these limitations. A claim of hardship under this chapter, therefore, shall not be allowable on behalf of any lot because the physical characteristics of the lot prevent it from being built upon exactly as in another lot abutting or close to it or in the same zoning district. The regulations herein permit most such lots to be satisfactorily built upon. There can be some alleviation for other lots through variances (minor concessions) granted by the Zoning Hearing Board when special physical conditions make literal enforcement of the regulations either unsatisfactory in the interest of the people at large or actually impossible. It is not the chapter but the physical conditions that prevent a lot from accommodating a type or area or bulk of structure unsuited to it. For a typical example, it is not intended that each lot in a commercial district automatically becomes the prospective site for any commercial structure and use. If a lot in such a district, after provisions of the yards and other open spaces prescribed for its own and adjacent property protection, has a buildable area too small in extent or dimensions for commercial structure, then the lot may be used under its district regulations for another type of structure permitted in that district. See § 350-65, Variances.
C.
When doubt exists. In interpreting the language of
this chapter to determine the extent of the restriction upon the use
of the property the language shall be interpreted, where doubt exists
as to the intended meaning of the language written and enacted by
the Supervisors, in favor of the property owner and against any implied
extension of the restriction.
D.
Properties adjacent to the Township boundary. While
this chapter applies only to property within the Township, in the
protection of the health and safety and welfare of the people at large,
and in the encouragement of the establishment and maintenance of reasonable
community standards of physical environment, the effect of such application
on adjacent properties and neighborhoods, without regard to municipal
boundary lines, should be considered. It is the intention that the
administration of this chapter, where it affects properties adjacent
to the Township boundary line, will be such as to promote cooperation
with other political subdivisions involved, for the uniform benefit
and protection of all affected properties.
E.
This section shall be considered, together with all
the provisions of this chapter, when appraising "the spirit of the
ordinance" as a guide to its interpretation.
F.
Permits obtained and construction begun prior to effective
date of this chapter.
(1)
All buildings for which permits have been obtained
and the construction of which or of a portion of which has been begun,
or for which a contract or contracts have been let pursuant to a permit
issued prior to the effective date of this chapter, may be completed
and used in accordance with the plans on which said permit was granted.
(2)
All permits for buildings which were issued prior
to the adoption of this chapter are declared void if at the time of
the effective date of this chapter:
The interpretation of the regulations of this chapter is intended, in addition to the provisions of § 350-5 and Article XI, Zoning Hearing Board, to be such that whenever these requirements are at variance with any other lawfully adopted rules, regulations, ordinances, or deed restrictions or covenants enforceable by the Township, as particularly refer to area and bulk regulations and impose higher standards, the most restrictive requirements shall govern.
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.
Minimum and uniform regulation. 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 of the district in which it is located, shall be deemed
as nonconforming and subject to regulations for nonconforming uses
and structures.
D.
Types of control. The following minimum and uniform
regulations shall apply in the respective districts: use regulations,
including uses by right, accessory uses and uses by special exception;
area and bulk regulations, including required front, side and rear
yards; maximum permitted height and allowable lot coverage, and floor
area ratio requirements in those districts in which they apply; off-street
parking and loading regulations; sign regulations; and special regulations
dealing with planned residential development, open space, landscaping,
storage, access and traffic control, lighting, slope areas and floodplain
areas.
[1]
Editor's Note: Former § 350-9, Prohibited uses,
was repealed 4-10-2018 by Ord. No. 371.
