A.
This chapter regulates and restricts the height, number of stories
and size of buildings and other structures, their construction, alteration,
extension, repair, maintenance, and all facilities and services in
or about such buildings and structures, percentage of lot that may
be occupied, the size of yards, courts and other spaces, the density
of population and the location and use of buildings, structures, and
land for trade, industry, residence or other purposes; establishes
and maintains building lines and setback building lines upon any or
all public roads and highways; establishes for such purposes districts
and defines the boundaries thereof; and provides for its administration
by authorizing a Zoning Officer, a Zoning Hearing Board, appeals and
penalties for violation in its enforcement.
B.
Now, therefore, be it ordained and enacted by the Borough Council
of the Borough of Mars, Butler County, Pennsylvania, and it is hereby
ordained and enacted with and by authority of same.
In accordance with the authority granted to Mars Borough, Butler
County, through the Pennsylvania Municipalities Planning Code,[1] this chapter and map are intended to:
A.
Regulate the density of population;
B.
Regulate the location and use of buildings, structures and land for
residential, agricultural, commercial, industrial and other purposes;
C.
Regulate the height, bulk, number of stories, size and placement
of buildings and structures;
D.
Divide the Borough into districts of such size, shape and area and
to establish such Zoning Map as may be deemed best suited to carry
out these regulations; and
E.
Establish procedures for the administration, enforcement, amendment
and relief from hardships under certain circumstances.
[1]:
Editor's Note: See 53 P.S. § 10101 et seq.
A.
The community development objectives which are the basis for the
provisions of this chapter are to:
(1)
Create a pattern of land uses which are compatible and harmonious,
where a suitable environment may be created for residential, commercial,
and light industrial growth;
(2)
Maintain a density of population which can feasibly be served by
the streets and other public facilities which presently exist or can
reasonably be provided by the Borough;
(3)
Direct the types of development and the intensity of development
in such a manner as will not place an unreasonable burden on the capacity
of local streets and other public facilities;
(4)
Preserve the character, appearance and integrity of the Borough,
in keeping with the present pattern and character of development,
and to regulate uses and permitted activities within all zoning districts;
(5)
Encourage the growth and development of the Borough, including the
expansion of commercial and retail activities;
(6)
Conserve open space for light and air and for the enjoyment of future
generations; and
(7)
Promote the safety, health, and morals of the residents and provide
for the general welfare.
The Borough is hereby divided into zones or districts, as shown
on the Zoning Map, which, together with all existing and future notations,
references, and amendments thereon, is hereby adopted by reference
and declared to be a part of this chapter as if the same were fully
described and set forth herein.[1] No changes of any nature shall be made on the Zoning Map
or explanatory matter shown thereon except in conformity with the
procedures set forth in this chapter. Any unauthorized change of whatever
kind by any person shall be considered a violation of this chapter.
[1]:
Editor's Note: The Zoning Map is on file in the Borough offices.
No structure shall hereafter be located, erected, constructed,
reconstructed, moved, altered, converted or enlarged, nor shall any
structure or land be used or be designed to be used, except in full
compliance with all provisions of this chapter and all other applicable
Commonwealth of Pennsylvania and federal laws, rules and regulations
and after the lawful issuance of all permits and certificates required
by this chapter.
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, and particularly, except as hereinafter
provided:
A.
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 unless in
conformity with all of the regulations herein specified for the district
in which it is located and unless a variance has been property granted.
B.
No building or other structure shall hereafter be erected or altered
to exceed the height, to accommodate or house a greater number of
families, to occupy a greater percentage of lot area, to have narrower
or smaller rear yards, front yards, side yards, or other open spaces
than are herein required, or in any other way contrary to the provision
of this chapter.
C.
No yard or lot existing at the time of passage of this chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet at least the minimum requirements established by
this chapter.
This chapter, including the Zoning Map,[1] together with any succeeding amendments thereto, shall
be on file and may be viewed by any interested party in the municipal
offices.
[1]:
Editor's Note: The Zoning Map is on file in the Borough offices.
The districts described under Article V, Use Regulations, of
this chapter, as well as all applicable standards for use, density,
yards and the approval and consideration of development, are hereby
established. This chapter shall take effect at the earliest period
allowed by law.
A map entitled "Mars Borough Zoning Map" is hereby adopted as
part of this chapter. The Official Zoning Map shall be kept on file
and available for examination at the Borough offices. The Borough
shall use this Official Zoning Map for interpretation. All approved
changes to zoning districts shall be promptly recorded on the Zoning
Map by the Zoning Officer.[1]
[1]:
Editor's Note: The Zoning Map is on file in the Borough offices.
District boundaries that are shown between the lines of streets,
streams and transportation rights-of-way shall be deemed to follow
the center line. The vacation of streets shall not affect the locations
of such district boundaries.
Property owned, leased or operated by the Commonwealth of Pennsylvania
or the United States or the Borough, or any other public or governmental
body or agency, shall be subject to the requirements of this chapter
as follows:
A.
Where such public or governmental uses are specifically listed, they
shall be governed as indicated.
B.
Where such public or governmental uses are not specifically listed,
they shall be permitted only in districts permitting private uses
of a similar or substantially similar nature.
C.
Governmental entities and agencies shall be exempt from the provisions
of this chapter only to the extent that it has been determined that
the Borough has no power to apply its zoning regulations to the particular
use of land.
D.
In the interest of the protection of health and safety, the Borough
shall be exempt from the provisions of this chapter in the course
of municipal functions related to road maintenance and provision of
infrastructure, including grading, paving, culverts, bridges, directional
and safety signage, pump stations, wells and similar structures and
appurtenances, in particular, any applicable setback and permitting
procedures. However, the Borough shall maintain all lot, yard, and
coverage standards for any municipal building or municipally owned
structure.
A.
The Borough Council shall, from time to time, establish, by resolution,
a schedule of fees, charges and expenses and a collection procedure
for zoning permits, appeals and other matters pertaining to this chapter.
The schedule of fees may be amended by official action by the Borough
Council.
B.
No permit, certificate, application or variance shall be issued,
nor shall any action be taken on proceedings before the Zoning this
chapter Board, unless or until such costs, charges, fees, and expenses
have been paid in full.
C.
A zoning certificate shall be required for all new construction,
additions, or alterations affecting exterior dimensions of existing
structures and for any structural or interior changes required for
a change in the structure's use or for any change in use.
D.
Any application for amendment, variance, special exception, conditional
use, permit or any other application or certificate within the scope
of this chapter shall be accompanied by a fee, such fee to be established
by resolution of the Borough Council, who may, from time to time,
revise such fees in order to bear a reasonable relationship to the
costs involved.
[1]:
Editor's Note: See also Ch. 126, Fees.
