A Zoning Ordinance regulating and restricting the height, location,
size and use of buildings and/or land in the City of Clairton, Allegheny
County, Pennsylvania, the areas to be occupied by buildings in proportion
to the size of the lots upon which they stand: the size of yards and
other open spaces appurtenant thereto and the density of population,
and for these purposes establishing districts and boundaries, and
other uses within such districts and boundaries, and providing for
the appointment of a Zoning Hearing Board, and setting forth the duties
and functions of said Board, and providing for administration, charges
and enforcement of this chapter and providing penalties for violation
thereof.
This chapter shall be known and may be cited as "The Zoning
Ordinance of the City of Clairton." This chapter is also known as
"the Zoning Code" or as "Chapter 337" of the Codified Ordinances of
the City of Clairton. It is also hereinafter referred to as "the Zoning
Ordinance" or "this chapter."
This chapter is enacted to promote an orderly plan of development
according to the goals, objectives and recommendations of the City
of Clairton Comprehensive Plan. The Comprehensive Plan includes data
on existing conditions with reasonable consideration given to the
existing character of the various areas within the City and their
respective suitability to particular land uses.
The City of Clairton Comprehensive Plan sets forth community
development objectives which are the basis for the provisions of this
chapter. The objectives are adopted as a statement of legislative
findings and may be used in evaluating any proposed additions or deletions
to this chapter.
A.
Revitalize the multiple business districts to help grow and stabilize
the local tax base to become a self-sufficient community through the:
(1)
Stimulation of community economic development projects to vitalize
the industrial base and expand employment opportunities for City residents.
(2)
Concentration of commercial and industrial uses in the areas where
streets and utilities can provide the necessary services and where
conflicts with other uses can be minimized through site design and
transitional provisions.
B.
Promote sound land use planning through the protection of open space
and the enhancement of natural and cultural assets through the:
(1)
Elimination of visual and physical blight, such as overhead utility
lines, concentrations of signs of excessive size and proximity and
dilapidated structures.
(2)
Preservation of natural topography and wooded slope lands, including
the limiting of hillside development beyond a reasonable gradient
and the control of floodplains and watersheds.
(3)
Reclamation of derelict land.
(4)
Regulation of uses and development in floodplains which, acting alone
or in combination with other uses and development, may cause unacceptable
increases in flood heights, velocities and frequencies.
(5)
Restricting and prohibiting certain uses, activities and development
from locating within areas subject to flooding.
(6)
Requiring all those uses, activities and developments that occur
in floodplains to be protected and floodproofed against flooding and
flood damage.
(7)
Protecting individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
C.
Provide additional social and recreational opportunities for residents
of all ages through partnership with other organizations and communities.
D.
Provide a diverse mix of safe housing options that will appeal to
young professionals, families, and older residents.
(1)
The provision of a range of housing density alternatives and a mix
of housing types, correlating residential density and housing type
with topography, environmental conditions and the capacity of and
distance from existing and proposed utilities, streets and community
facilities.
(2)
The rehabilitation of deteriorating housing, the maintenance of sound
housing and the development of new housing.
(3)
The promotion of an attractive residential environment through the
implementation of the other objectives set forth herein.
E.
Ensure that all municipal ordinances are consistent and compatible
with the desired future growth and development patterns.
(1)
Avoid intermixing incompatible land uses and protect against the
detrimental effect of adjacent incompatible land uses through planting,
open space and natural breaks in topography.
(2)
Concentrate development where possible to prevent sprawl, conserve
open space and make full use of utilities and services.
(3)
Provide for safety and welfare on intensively developed sites through
the review of site plans.
F.
Improve mobility to, from, and within the City of Clairton by enhancing
major transportation routes, public transportation options and pedestrian
circulation and connections.
(1)
The extension of the City improvements of waterlines, storm and sanitary
sewers and roads and their improvement, where economically feasible
to guide and promote development.
(2)
The encouragement of public utilities to improve and extend services
consistent with the objectives set forth herein.
(3)
Traffic planning and control which will provide safe and convenient
movement of people and goods within and through the City with a separation
of through and local traffic, provision for pedestrians and minimal
disruption of existing and proposed development patterns and community
integrity.
A.
Compliance required.
(1)
No structure shall be located, erected, constructed, reconstructed,
moved, altered, converted or enlarged, nor shall any structure or
land be altered or used, except in full compliance with all the provisions
of this chapter and after the lawful issuance of all permits and certificates
required by this chapter.
(2)
Any existing land use, building, 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 be subject
to the nonconforming regulations of this chapter.
A.
In interpreting the language of zoning ordinances 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 City Council, in favor of the
property owner and against any implied extension of the restriction
(Pennsylvania Municipalities Planning Code Section 603.1[1]).
[1]
Editor's Note: See 53 P.S. § 10603.1.
B.
The provisions of this chapter shall be held to be the minimum requirements
for the protection of the health, safety, morals and general welfare
of the residents of the City of Clairton.
C.
Whenever any regulations made under authority of this chapter impose
higher standards of compliance than are required under the provisions
of any other statute, the provisions of the regulations made under
authority of this chapter shall govern, except when preempted by federal
or Commonwealth of Pennsylvania law.
D.
Whenever the provisions of any other statute impose higher standards
of compliance than are required under this chapter, the provisions
of the other statute shall govern.
E.
This chapter does not repeal, abrogate, annul, or in any way impair
or interfere with the existing provisions of other laws or ordinances,
except those specifically or implied repealed by this chapter or any
private restrictions placed upon property by covenant, deed, or other
private agreement unless repugnant hereto.
F.
Provisions in any other ordinances that are concerned with design
standards and which are enacted and administered for the City shall
not be considered to be in conflict with provisions of this chapter.
A.
It is hereby declared to be the intent of City Council that:
B.
If a court of competent jurisdiction declares any provisions of this
chapter to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions that are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this chapter shall continue to be separately and fully
effective.
C.
If a court of competent jurisdiction finds the application of any
provision or provisions of this chapter to any lot, building, tract
of land, or other structure to be invalid or ineffective in whole
or in part, the effect of such decision shall be limited to the person,
property, or situation immediately involved in the dispute, and the
application of any such provision to other persons, property, or situations
shall not be affected.
This chapter shall not apply to facilities of a public utility
corporation, if specifically exempted by Pennsylvania Public Utility
Commission after a hearing under the provisions of Section 619 of
the Pennsylvania Municipalities Planning Code, as reenacted and amended.[1]
[1]
Editor's Note: See 53 P.S. § 10619.
This chapter shall not apply to any lot, existing or proposed
structure, use thereof, of any expansion thereof, owned, used or to
be used by the City of Clairton, and/or by any municipal authority
created by the City of Clairton.
Any resolution or ordinance, or any part of any resolution or
ordinance, in conflict with the provisions of this chapter is hereby
repealed to the extent of such conflict.
