This is a chapter permitting, prohibiting, regulating, restricting
and determining the uses of land, watercourses and other bodies of
water; the size, height, bulk, location, erection, construction, repair,
maintenance, alteration, razing, removal and use of structures; the
areas and dimensions of land and bodies of water to be occupied by
uses and structures as well as court yards and other open spaces and
distances to be left unoccupied by uses and structures; the density
of population and intensity of use; and providing for the administration
of such ordinance.
This chapter shall be known and may be cited as the "City of
Lock Haven Zoning Ordinance," hereinafter referred to as the "Zoning
Ordinance." The accompanying map is hereby declared to be a part of
this chapter and shall be known and may be cited as the "City of Lock
Haven, Clinton County, Pennsylvania Official Zoning Map" hereinafter
referred to as the "Zoning Map."[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
This chapter is adopted pursuant to the authority granted by
the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805,
No. 247, as reenacted and amended (MPC).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter is enacted for the following purposes:
A.
To promote, protect and facilitate one or more of the following:
the public health, safety, morals, general welfare, the provision
of adequate light and air, and other public requirements.
B.
To prevent one or more of the following: overcrowding, blight, loss
of health, life or property from fire, flood or other dangers.
C.
To adopt a Zoning Map dividing the City of Lock Haven into zoning
districts with varying regulations.
D.
To permit, prohibit, regulate and determine the uses of land, watercourses
and other bodies of water, the size, height, bulk, location, erection,
construction, repair, expansion, razing, removal and use of buildings
and structures, as well as yards and other open areas to be left unoccupied.
E.
To establish the maximum density and intensity of uses.
F.
To provide for the protection of natural and historic features and
resources.
G.
To protect existing residential neighborhoods.
H.
To promote innovative residential design and encourage the creation
of a sense of community.
I.
To provide diverse housing opportunities, including housing that
is affordable.
J.
To encourage adaptive reuse and infill development.
K.
To act as an overall plan for the orderly growth and development
of the City of Lock Haven and, as such, seek to implement the most
recent version of the City of Lock Haven Comprehensive Plan. Although
this document amends the 1991 Comprehensive Plan, the specific goals
and objectives set forth herein remain valid:
(1)
Goal No. 1: land use. Encourage an organized land use pattern in
harmony with the existing character and natural constraints of the
City providing for a safe, attractive and economically viable community
for its residents.
(a)
Objectives.
[1]
Preserve the established land use patterns of the City, encouraging
development and redevelopment of land uses appropriate to the scale
and character of the established neighborhood.
[2]
Promote opportunities for development and redevelopment of diversified
economic activities in appropriate areas of the City while maintaining
the quality of life.
[3]
Protect environmentally sensitive areas and ensure a compatible
balance between economic and environmental interests.
[4]
Ensure preservation and encourage adaptation of the City's historic
district and structures in a manner conducive to the character of
the City.
(2)
Goal No. 2: housing. Provide a range of housing types satisfying
all housing needs as well as preserving established residential neighborhoods.
(a)
Objectives.
[1]
Preserve the existing residential neighborhoods while maintaining
public health and safety through the continued physical maintenance
and upgrading of housing.
[2]
Continue to ensure the opportunity for a diverse population
to obtain satisfactory housing through encouraging the provision of
a range of housing types where appropriate.
(3)
Goal No. 3: local transportation/circulation. Ensure a coordinated
circulation system which enables the safe and efficient movement of
people and goods.
(4)
Goal No. 4: community services/facilities. Ensure the provision of
an adequate range of services and facilities to accommodate the changing
needs of the City in an effective manner.
(a)
Objectives.
[1]
Promote the efficient delivery of services, ensuring all areas
of the City are adequately serviced.
[2]
Plan for changes in land use and population changes which require
change in municipal services and their delivery.
[3]
Continue to provide the opportunity for varied recreational
activity serving a diverse population, convenient to the residents.
In interpreting and applying this chapter, its provisions shall
be held to be the minimum requirements for promotion of health, safety,
morals and general welfare of the City of Lock Haven. Any use permitted
subject to the regulations prescribed by the provisions of this chapter
shall conform with all the regulations of the zoning district in which
it is located and with all other pertinent regulations of this and
other related ordinances and/or chapters. This chapter is not intended
to interfere with, abrogate, annul, supersede, or cancel any easements,
covenants, restrictions or reservations contained in deeds or other
agreements, but if this chapter imposes more stringent restrictions
upon the use of buildings, structures and land than are elsewhere
established, the provisions of this chapter shall prevail. Wherever
and whenever the requirements of this chapter are at variance with
the requirements of any other lawfully adopted laws, rules, regulations,
ordinances or chapters, the most restrictive or that imposing the
higher standards shall govern. In interpreting the language of this
chapter to determine the extent of the restriction upon the use of
property, the language shall be interpreted, where doubt exists as
to the intended meaning of the adopted language, in favor of the property
owner and against any implied extension of the restriction.
A.
Except for existing legal nonconformities as of the effective date of this chapter, which may be altered in compliance with Article XXI, any of the following activities or any other activity regulated by this chapter shall only be carried out in conformity with this chapter:
(1)
Use, occupation, erection, construction, reconstruction, movement,
alteration, razing, demolition, removal, placement of extension (vertical
or horizontal) of a structure, building or sign, unless relief is
granted by the Zoning Hearing Board.
(2)
Change of the type of use or expansion of the use of a structure,
building or area of land.
(3)
Creation of a lot or alteration of lot lines.
(4)
Creation of a new use.
B.
This chapter shall not apply to an existing or proposed building
or extension thereof, used or to be used by a public utility corporation,
if upon petition of the corporation, the Pennsylvania Public Utility
Commission shall, after a public hearing, decide that the present
or proposed situation of the building in question is reasonably necessary
for the convenience or welfare of the public. It shall be the responsibility
of the Pennsylvania Public Utility Commission to ensure that both
the corporation and the City of Lock Haven have notice of the hearing
and are granted as opportunity to appear, present witnesses, cross-examine
witnesses presented by other parties, and otherwise exercise the rights
of a party to the proceedings.
The granting of a zoning permit for the erection and/or use
of a structure, building or lot shall not constitute a representation,
guarantee or warranty of any kind or nature by City of Lock Haven
or an official or employee, thereof, of the safety of any structure,
building, use or other proposed plan from cause whatsoever, and shall
create no liability upon or a course of action against such public
official or employee for any damage that may be pursuant thereto.
It is recognized that: the Act of June 22, 1937 (P.L. 1987,
No. 394), known as "The Clean Streams Law";[1] the Act of May 31, 1945 (P.L. 1198, No. 418) known as
the "Surface Mining Conservation and Reclamation Act";[2] the Act of April 27, 1966 (1st Special Session, P.L. 31,
No. 1) known as "The Bituminous Mine Subsidence and Land Conservation
Act";[3] the Act of September 24, 1968 (P.L. 1040, No. 318) known
as the "Coal Refuse Disposal Control Act";[4] the Act of December 19, 1984 (P.L. 1140, No. 223) known
as the "Noncoal Surface Mining Conservation and Reclamation Act";[5] the Act of June 30, 1981 (P.L. 128, No. 43) known as the
"Agricultural Area Security Law";[6] the Act of June 10, 1982 (P.L. 454, No. 133) entitled
"An act protecting agricultural operations from nuisance suits and
ordinances under certain circumstances"; [7]and the Act of May 20, 1993 (P.L. 12, No. 6) known as the
"Nutrient Management Act,"[8] preempt zoning ordinances. Therefore, suggestions, recommendations,
options or directives contained herein are intended to be implemented
only to the extent that they are consistent with and do not exceed
the requirements of those acts. Nothing contrary to those acts shall
be mandated by this chapter.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[2]
Editor's Note: See 52 P.S. § 1396.1 et seq.
[3]
Editor's Note: See 52 P.S. § 1406.1 et seq.
[4]
Editor's Note: See 52 P.S. § 30.51 et seq.
[5]
Editor's Note: See 52 P.S. § 3301 et seq.
[6]
Editor's Note: See 3 P.S. § 901 et seq.
[7]
Editor's Note: See 3 P.S. § 951 et seq.
[8]
Editor's Note: See now the Nutrient Management and Odor Management
Act, 3 Pa.C.S.A. § 501 et seq.
The preexisting Lock Haven City Zoning Ordinance, as amended,
is hereby expressly repealed; provided, further, that nothing in this
chapter shall be construed to affect any suit or proceeding pending
in any court, or any rights acquired or liability incurred, or any
permit issued or approval granted or any cause or causes of action
arising prior to the enactment of this chapter. All ordinances or
chapters or parts of ordinances or chapters and all resolutions or
parts of resolutions which are inconsistent herewith by virtue of
references or incorporation of requirements contained in the preexisting
ordinance, as amended, shall, as nearly as possible, be construed
to reference this chapter.
This chapter shall take effect on the 14th day of December 2008.
