This chapter shall be known and may be cited as the "Borough
of East Lansdowne Zoning Ordinance of 2008."
The zoning regulations and districts set forth in this chapter
are designed to achieve the following purposes, as stated in the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended:[1]
1.
To promote, protect, and facilitate any or all of the following:
the public health, safety, and general welfare; coordinated and practical
community development and growth and proper population density; guidance
on uses of land and structures and type and location of public grounds
and facilities; promotion of energy conservation through planning
practices and promotion of the effective utilization of renewable
energy sources; the provision of adequate light, water, and air, access
to incident solar energy, police and fire protection, transportation,
sewerage, and schools; and preservation of the natural, scenic, and
historic values in the environment as well as the preservation of
wetlands, aquifers, and floodplains.
2.
To prevent one or more of the following: overcrowding of land; blight;
danger and congestion in travel and transportation; or loss of health,
life, or property from fire, flood, panic, or other dangers.
3.
To provide for the use of land within the municipality for residential
housing of various dwelling types encompassing all basic forms of
housing, including single-family and a reasonable range of multifamily
dwellings in various arrangements.
4.
To accommodate reasonable overall community growth, including population
and employment growth and opportunities for development of a variety
of residential dwelling types and nonresidential uses.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The zoning regulations and districts set forth in this chapter
are based on the goals and objectives stated in the Lansdowne and
East Lansdowne Joint Comprehensive Plan of 2005. This chapter is intended
to guide and regulate orderly development and redevelopment throughout
the Borough of East Lansdowne.
For the purposes of this chapter, East Lansdowne Borough is
hereby divided into the following zoning districts:
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Zoning Districts
| |
|---|---|
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R
|
Residential District
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C
|
Commercial District
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1.
Minimum and Uniform Regulations. Unless specifically indicated otherwise,
the regulations set forth in this chapter shall be minimum regulations
and shall apply uniformly to each class or kind of structure or land.
2.
Proposed Uses and Structures. In all zoning districts, after the effective date of this chapter, any new building or other structure or any tract of land shall be constructed, developed, and used only in accordance with the regulations specified herein, except where a variance has been authorized by the Zoning Hearing Board in accordance with Part 13.
3.
Existing Uses and Structures. In all districts, after the effective date of this chapter, any lawful, 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 to be nonconforming and subject to the regulations of Part 10.
1.
The zoning district locations and boundaries are those that exist
on the legally adopted Official Zoning Map, a copy of which is attached
hereto and made a part of this chapter. The original Zoning Map shall
be kept on file in the office of the Borough Secretary. Whenever changes
are made in the boundaries or other matters included on the said Zoning
Map, such changes in the map shall be made by the Borough Engineer
within five days after the amendment has been approved by the Borough
Council.
2.
Where possible, the boundaries between districts shall follow natural
or man-made boundaries and lines. Unless otherwise indicated, boundaries
shall be the center line or extension of the center line of a street,
alley, or highway, railroad rights-of-way, streams, or other natural
or man-made features that can form logical boundaries to districts.
3.
Where a district boundary line divides a lot held in single and separate
ownership at the effective date of this chapter, the regulations of
the less-restricted district shall extend over the portion of the
lot in the more-restricted district a distance of not more than 25
feet from the district boundary.
4.
Boundaries indicated as appearing to follow platted lot lines shall
be construed as following such lot lines. Distances not specifically
indicated on the Official Zoning Map shall be determined by the scale
of the map. In any other circumstances not covered above or in the
event of any uncertainty as to the boundary of any district, the Zoning
Hearing Board shall interpret the district boundaries.
1.
In the interpretation and application of the provisions of this chapter,
the said provisions shall be held to be the minimum requirements for
the promotion and protection of the public health, welfare, and safety.
Where the provisions of this chapter impose greater restrictions than
those of any other ordinance or regulation, the provisions of this
chapter shall be controlling. Where the provisions of any statute,
other, ordinance, or regulation impose greater restrictions than this
chapter, the provisions of such statute, ordinance, or regulation
shall be controlling.
2.
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
language written and enacted by the governing body, in favor of the
property owner and against any implied extension of the restriction.
The grant of a permit or approval under this chapter shall not
constitute a representation, guarantee, or warranty of any kind by
the Borough as to the safety of the proposed use and shall create
no liability upon the Borough, its officials, or employees.
If any part, section, subsection, paragraph, clause, or provision
of this chapter shall be declared invalid by a court of competent
jurisdiction, such decision shall not affect the validity of this
chapter as a whole or of any other part.
The existing zoning regulations, as amended, are hereby repealed.
This chapter shall become effective immediately upon final enactment.
