The official title of this chapter is the "Potter Township Zoning
Ordinance, Beaver County, Pennsylvania."
This chapter shall become effective 10 days after final passage
by the Board of Supervisors.
No structure shall be located, erected, constructed, reconstructed,
moved, converted, or enlarged; nor shall any structure or land be
used or be designed to be 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.
The provisions of this chapter shall be severable; and if any
of its provisions shall be unconstitutional, the decision so holding
shall not be construed to affect the validity of any of the remaining
provisions of this chapter. It is hereby declared as the legislative
intent that this chapter would have been adopted had such unconstitutional
provisions not been included therein.
All ordinances or parts thereof conflicting herewith shall be
and the same are hereby repealed, specifically, Ordinance 24 of March
28, 1972, and all amendments thereto.
This chapter is adopted pursuant to the powers granted to the Township by Article VII of this chapter and Section 601 of the Pennsylvania Municipalities Planning Code.[1] Pursuant to the authority contained in the Pennsylvania
Municipalities Planning Code and for the purpose of promoting health,
safety, morals or the general welfare, the Board of Supervisors of
Potter Township is hereby empowered to regulate and restrict the height,
number of stories, and size of the buildings and other structures;
their construction, alteration, extension, repair, maintenance and
all facilities and services in or about such buildings and structures;
the percentage of the 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, industry, residence,
agriculture or other purposes; and may also establish and maintain
building lines and setback building lines upon any or all public streets.
[1]
Editor's Note: See 53 P.S. § 10601.
The purpose and provisions of this chapter are those as set
forth by Sections 603, 603.1, 604 and 605 of the Pennsylvania Municipalities
Planning Code. The Board of Supervisors of the Township of Potter,
County of Beaver and Commonwealth of Pennsylvania, does hereby ordain
that these regulations are made in accordance with the Potter Township
Comprehensive Plan and designed to lessen congestion in the streets,
to secure safety from fire, panic, and other dangers, to promote health
and the general welfare, to provide adequate light and air, to prevent
the overcrowding of land, to avoid undue concentration of population,
and to facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements. Such regulations
shall be made with reasonable consideration, among other things, to
the character of the district and its peculiar suitability for particular
uses, and with a view to conserving the value of buildings and encouraging
the most appropriate use of land throughout the Township. This chapter
is exclusive zoning in that no use may be operated in a district unless
it is specifically listed as a use by right for that district.
In accordance with Section 606 of the Pennsylvania Municipalities
Planning Code, the following lists the community development objectives
of this chapter:
A.
Preserve and improve the natural environment.
B.
Promote an alternative residential and rural environment.
C.
Assist in removing physical and visual blight.
D.
Preserve any community historical values and landmarks.
E.
Provide for safe and attractive housing.
F.
Promote recreational and leisure-time facilities.
G.
Increase property values.
H.
Implement the Potter Township Comprehensive Plan.
I.
Promote industrial development in harmony with other land uses.
In order to avail itself of the powers conferred by this chapter,
the Board of Supervisors shall appoint a Commission of not less than
three nor more than nine citizens, to be known as the "Planning Commission
of Potter Township," to recommend the boundaries of the various zoning
districts and appropriate regulations to be enforced therein. Such
Commission shall possess all of the duties and responsibilities set
forth in the Pennsylvania Municipalities Planning Code.