[Ord. 85-119, 8/22/1985, § 2.1; as amended by Ord. No.
2007-219, 7/19/2007]
1.
A map entitled "Borough of New Stanton Official Zoning Map," dated
November 13, 1974, revised July 5, 1985, and April 25, 2007, is hereby
adopted as part of this chapter. The Official Zoning Map shall be
kept on file and copies as necessary shall be made available upon
request.
2.
Amendments to the Official Zoning Map shall be kept on file available
for examination at the Borough Municipal Building in the office of
the Zoning and Codes Officer.
3.
The Official Zoning Map and the Zoning Map amendments shall each be dated and identified by the signature of the Mayor and the Council Secretary and the map shall bear the seal of the Borough under the following words: "This is to certify that this is the Official Zoning Map referred to in § 27-201 of this chapter, of the Borough of New Stanton, County of Westmoreland, Pennsylvania."
4.
When in accordance with the amendment provisions of this chapter,
changes are made in district boundaries or other matters portrayed
on the Official Zoning Map, then the same shall, promptly after having
been approved by the Borough Council, be entered on the Zoning Map.
Each entry shall include the date and a brief description of the nature
of the change. Each such entry shall also be signed by the Zoning
and Codes Officer and attested by the Council Secretary. No amendment
to this chapter which involves matters portrayed on the Official District
Map shall be dependent upon the change and entry being on said map.
5.
No changes of any nature shall be made to the Official Zoning Map
or matter shown thereon except in conformity with the procedures set
forth in this chapter. Any unauthorized change of by any person or
persons shall be considered a violation of this chapter.
6.
Regardless of the existence of purported copies of the Official Zoning
Map which may, from time to time, be made, the Official Zoning Map
on file shall be the final authority as to the current zoning status
of properties and the location of zoning boundary lines in the Borough.
[Ord. No. 2007-219, 7/19/2007]
1.
The various floodplain districts shall include areas subject to inundation
by waters of a 100-year flood. The basis for the delineation of these
district boundaries shall be the Flood Insurance Study for the Borough
of New Stanton, prepared by the Federal Insurance Administration,
dated June 15, 1981, last revised August 5, 1997.
2.
The boundaries of the floodplain districts are established as part
of the Official Zoning Map of the Borough, which is declared to be
part of this chapter and, which shall be kept on file at the New Stanton
Borough Offices.
[Ord. No. 2007-219, 7/19/2007]
The Borough is divided into 10 zoning districts as stated in
this section and identified on the Official Zoning Map. The nine base
districts and one overlay district are as follows:
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RA
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Residential Agricultural District
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R-1
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Low Density Residential District
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R-2
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Moderate Density Residential District
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V-1
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Village District
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B-1
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General Business District
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B-2
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Neighborhood Business District
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LI-1
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Light Industrial District
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LI-2
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Light Industrial Limited District
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T-1
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Transportation District
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SO-1
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Sign Overlay District
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[Ord. 85-119, 8/22/1985, § 2.3; as amended by Ord. No.
2007-219, 7/19/2007]
1.
District boundaries shown within the lines of streets, streams and
transportation rights-of-way shall be deemed to follow their center
lines. The vacation of streets shall not affect the location of such
district boundaries. When the Zoning and Codes Officer cannot definitely
determine the location of a district boundary by such center lines,
by the scale or dimensions stated on the Zoning Map, or by the fact
that it clearly coincides with a property line shown on the Zoning
Map, he/she shall interpret the location of the district boundary
with reference to the scale of the Zoning Map and the intentions and
purposes set forth in all relevant provisions of this chapter.
2.
Floodplain District Boundaries. The delineation of any of the floodplain
districts may be revised, amended or modified by the Borough Council
when natural or man-made changes have occurred and/or changes are
indicated by studies, conducted or undertaken, by a qualified agency
or individual, which documents the necessity for such change. However,
prior to any such change, approval must be obtained from the Federal
Insurance Administration and the Federal Emergency Management Agency.
[Ord. 85-119, 8/22/1985, § 2.4; as amended by Ord. No.
2007-219, 7/19/2007]
1.
The permitted, accessory, conditional uses and uses by special exception are listed by district in the specific section for each district and in the Land Use Chart, Table 1, of § 27-311. Minimum required yards and maximum structure heights are listed by district in the Minimum Required Yards Chart, Table 2 of § 27-311 and in § 27-210. Also, some uses and structures have additional dimensional provisions found elsewhere in this chapter.
2.
The floodplain area delineated on the Official Zoning Map shall serve
as a supplement to the zoning district provisions. Where there is
a conflict between the provisions or requirements of any of the floodplain
areas and those of any zoning district, the more restrictive provisions
and/or those pertaining to development in the floodplain areas shall
apply. In the event any provision relating to development in a floodplain
area is declared unenforceable as a result of any legislative or judicial
decision, the remaining provisions shall remain applicable.
[Ord. 85-119, 8/22/1985, § 2.5; as amended by Ord. No.
2007-219, 7/19/2007]
1.
Permitted uses are specified in each zoning district. These uses
require application for and receipt of a zoning/building permit from
the Zoning and Codes Officer. The Zoning and Codes Officer shall require
construction plans, plot plans or other data before the permit can
be issued in order to ensure that the proposed use meets the requirements
of this chapter.
[Ord. 85-119, 8/22/1985, § 2.6; as amended by Ord. No.
2007-219, 7/19/2007]
Accessory uses are specified in each zoning district. These
uses require application for and receipt of a zoning/building permit
from the Zoning and Codes Officer. Construction plans, plot plans
and other data demonstrating compliance with this chapter shall be
submitted to the Zoning and Codes Officer.
[Ord. No. 2007-219, 7/19/2007]
[Ord. No. 2007-219, 7/19/2007]
[Ord. 85-119, 8/22/1985, § 2.8; as amended by Ord. 97-173, 2/6/1997; and by Ord.
No. 2007-219, 7/19/2007]
1.
Yard requirements are specified for uses in each district in § 27-311, Subsection 2 (Table 2). Yard requirements and development and use are also subject to the provisions contained in § 27-513 (Landscaping and Buffer Yards) and the following:
A.
Fences and Planting Screens:
(1)
Fences shall be erected inside the property line (not directly
on the line).
(2)
A fence may be erected in any required side or rear year area
of a residentially zoned area or on a residentially used lot to a
height not to exceed six feet in height measured from grade level.
(3)
A nonopaque fence which is a maximum of three feet in height
may be erected in any required residential front yard, except that
no such fence may be located within eight feet from any public or
private right-of-way, and further provided that no fence may be erected
or maintained on any corner lot which violates the clear sight triangle
requirements of this chapter.
(4)
No planting screen, including hedges or shrubbery, shall be
grown or maintained on any corner lot which violates the clear sight
triangle requirements of this chapter.
(5)
A fence of the chain link type a maximum of 10 feet high may
be erected in any required yard for industrial or commercial uses.
Solid fences, a maximum of 10 feet in height, may be erected in any
required yard in a commercial or industrial district with the approval
of the Zoning and Codes Officer when such fence does not violate the
clear sight triangle requirements of this chapter and does not otherwise
pose a visual obstruction to the safe use of adjacent roads, streets,
alleys or driveways.
(6)
Any fence located or maintained within any required front, side
or rear yard which is found interfere with the location, relocation,
maintenance or repair of any public cartway, roadway or utility (water
and sanitary sewerage) shall be removed or relocated by and at the
sole expense of the property owner.
(7)
Fences in excess of three feet in height shall require a zoning/building
permit prior to installation.
B.
Corner Lots. Lots which abut on more than one street shall provide
the required front yard along every street. A clear sight triangle,
as defined, shall be maintained at such time that the lot is developed
or otherwise improved.
C.
Attached Structures. All structures attached to the principal structure,
whether open or enclosed, including porches, carports, balconies or
platforms above normal grade level, shall not project into any minimum
required front, side or rear yard. Accessory uses, except signs, when
approved, are not subject to the yard requirements for the principal
use but must be situated only in the side or rear yard. Said structures
shall be located a minimum of 10 feet from any property line. The
height of the accessory structure cannot exceed 15 feet, except as
otherwise provided.
[Ord. 85-119, 8/22/1985, § 2.11; as amended by Ord. No.
2007-219, 7/19/2007]
1.
All uses, activities and development occurring within any floodplain
district shall be undertaken in strict compliance with the provisions
of this chapter and with all applicable local, county, state and federal
regulations.
2.
Under no circumstances shall any use, activity and/or development
adversely affect the capacity of the channels or floodways of any
watercourse, drainage ditch or any other drainage facility.
3.
Prior to any proposed alteration or relocation of any stream or watercourse
within the Borough, a permit shall be obtained from the Department
of Environmental Protection, Bureau of Dams and Waterways. Further,
notification of the proposal to alter or relocate a watercourse shall
be given to all affected adjacent municipalities by the applicant.
Copies of such notifications shall be forwarded to both the Federal
Insurance Administration.
[Ord. 85-119, 8/22/1985, § 2.12; as amended by Ord. No.
2007-219, 7/19/2007]
1.
The degree of flood protection sought by the floodplain provisions
of this chapter is considered reasonable for regulatory purposes and
is based on acceptable engineering methods. Floods may occur and flood
heights may be increased by man-made or natural causes, such as ice
jams and bridge openings restricted by debris. This chapter does not
imply that areas outside the floodplain districts or that land uses
permitted within such districts will be free from flooding or flood
damages.
2.
This chapter shall not create liability on the part of the Borough,
or any officer or employee thereof, for any flood damages that result
from reliance on this chapter, or any administrative decision lawfully
made thereunder.
[Ord. 85-119, 8/22/1985, § 2.13; as amended by Ord. No.
2007-219, 7/19/2007]
This chapter supplements other provisions which may be in effect
regarding floodplain areas. However, any other provisions shall remain
in full force to the extent that such provisions are more restrictive.
