An ordinance dividing the Borough of Homestead
into districts and regulating the use of land and the location, use
and density of buildings within these districts; providing for the
administration, implementation and enforcement of this chapter; permitting,
prohibiting, regulating 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 areas, courts,
yards and other open spaces and distances to be left unoccupied by
uses and structures; establishing the maximum density and intensity
of development; establishing provisions for special exceptions and
variances to be administered by a Zoning Hearing Board; and establishing
express standards for conditional uses be approved by Borough Council.
This chapter shall be known and may be cited
as the "Homestead Zoning Ordinance," and the Zoning District Map shall
be known and may be cited as the "Official Zoning Map."
It is hereby declared to be the legislative
intent that:
1.
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 which 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.
2.
The Borough Council
hereby declares that it would have passed this chapter and each section
or part thereof irrespective of the fact that any one or more sections
or parts thereof be declared invalid.
3.
All other Borough
ordinances or resolution or parts thereof that were adopted prior
to this chapter and are clearly in direct conflict with this chapter
are hereby repealed.
Under the authority conferred by the Pennsylvania
Municipalities Planning Code, as amended, the Borough Council of the
Borough of Homestead hereby enacts and ordains into a chapter the
attached document this date of November 11, 2004. This chapter shall
become effective in five calendar days.
This Zoning Chapter is hereby adopted in accordance
with the requirements and purposes (including § 604 or its
successor section, which is included by reference) of the Pennsylvania
Municipalities Planning Code,[1] as amended; in accordance with the community development
goals and objectives (which are included by reference) of the Borough
of Homestead Comprehensive Plan (as may be amended), which constitutes
an overall program; in consideration of the character of the Borough,
its various parts and the suitability of the various parts for particular
uses and structures, and to assist in carrying out the purposes and
provisions of the Constitution of the Commonwealth of Pennsylvania
(especially Article I, § 27), the Pennsylvania Flood Plain
Management Act,[2] Pennsylvania Storm Water Management Act,[3] Pennsylvania DEP regulations on erosion and sedimentation
control and other relevant federal and state laws, regulations, official
policies and relevant court decisions.
The following Statement of Community Development
Objectives identifies short- and long-term land use and development
objectives for the Borough and provides a legal basis for the specific
provisions of this chapter in agreement with the Borough of Homestead
Comprehensive Plan.
1.
Land use goal.
Encourage an organized land use pattern in harmony with the existing
character and natural constraints of the Borough by providing for
a safe, attractive and economically viable community for its residents.
A.
Objectives.
(1)
Preserve
the established land use patterns of the Borough by encouraging development
and redevelopment of land uses appropriate to the scale and character
of the established neighborhoods.
(2)
Promote
opportunities for development and redevelopment of diversified economic
activities in appropriate areas of the Borough 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 adaptive reuse of the Borough's historic
structures in a manner conducive to the character of the Borough.
(5)
Identify
potential sites for new industry, business, housing, public facilities
and recreational uses.
2.
Housing goal.
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)
Identify
potential sites for new housing development for both single-family
homes and townhouse developments.
(4)
Identify
potential sites for new rental housing developments that fit into
existing urban design and fabric of the Borough.
(5)
Encourage
infill housing in residential neighborhoods where there are empty
lots as a result of demolition.
3.
Local transportation/circulation
goal. Ensure a coordinated circulation system which enables the safe
and efficient movement of people and goods.
A.
Objectives.
(1)
Improve
the local transportation/circulation network by ensuring a safe traffic
flow system throughout the Borough.
(2)
Enhance
the local transportation/circulation system through accessibility
with the regional transportation/circulation system.
(3)
Improve
the public transportation system in cooperation with Allegheny County
and the region.
(4)
Improve
the public parking facilities in the downtown by providing more off-street
parking and more efficient use of existing parking spaces.
(5)
Develop
a loop public transportation system to the Waterfront Development
District and the downtown business district.
4.
Community services/facilities
goal. Ensure the provision of an adequate range of services and facilities
to accommodate the changing needs of the Borough in an effective manner
A.
Objectives
(1)
Promote
the efficient delivery of services ensuring all areas of the Borough
are adequately serviced.
(2)
Plan for
changes in land use and population changes which require a change
in municipal services and their delivery.
(3)
Improve
and provide additional opportunities for varied recreational activity
serving a diverse population, convenient to the residents.
(4)
Promote
the accessibility of all facilities to the handicapped and remove
architectural barriers.
(5)
Make necessary
improvements to the existing streets, sidewalks and curbing in the
Borough.
5.
Economic development
goal. Facilitate commercial development to provide employment opportunities
for Borough residents and to generate tax revenues.
A.
Objectives.
(1)
Maintain
and enhance the Eighth Avenue corridor as a viable commercial district
by participating in the Pennsylvania Department of Community and Economic
Development (DCED) Main Street Program and thereby market the district
to attract new businesses and jobs.
(2)
Ensure
that there is a sufficient supply of properly zoned land for commercial
and industrial development
(3)
Integrate
the Eighth Avenue business district with the waterfront via visual,
physical, transportation, aesthetic and other links.
(4)
Encourage
commercial investment via complementary public facilities improvement.
6.
Administration
and enforcement goal. Ensure that the adoption and administration
of the Comprehensive Plan is undertaken by the Borough in a timely
and professional manner.
1.
Uniformity of
regulations and exceptions. The regulations established by this chapter
shall be minimum regulations and shall apply uniformly to each class
or kind of structure or land, except that additional classifications
may be made within any district for the purposes of: making transitional
provisions at or near the boundaries of districts; regulating nonconforming
uses and structures; regulating, restricting or prohibiting uses and
structures at or near major thoroughfares, their intersections and
interchanges, natural or artificial bodies of water; places of relatively
steep slope or grade; public buildings and grounds; places having
unique historical or patriotic value or interest; floodplain areas
and other places having a special character or use affecting or affected
by their surroundings. Among several classes of zoning districts,
the provisions for permitted uses may be mutually exclusive, in whole
or in part.
2.
Compliance. No
building, structure or land shall hereafter be used or occupied, and
no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally altered, except
in conformity with all applicable provisions of this chapter. No changes
shall be made in the contour of the land; no grading, excavation,
removal or destruction of topsoil, trees or other vegetative cover
of land shall be commenced until the zoning certificate has been issued
in compliance with the terms of this chapter.
3.
Preservation
of other regulations. Regardless of any other provision of this chapter,
no land shall be used and no structure erected, demolished or maintained
in violation of any federal, state or county law or regulation.
4.
Pending building
permits. Nothing in this chapter shall require any change in construction
or use of any structure for which a building permit was lawfully issued
prior to the effective date of this chapter, or any amendment thereto,
provided that construction has begun or a contract or contracts have
been let pursuant to the permit issued prior to the effective date
of this chapter. However, any building permit which was issued subsequent
to the first public hearing on this chapter but prior to the chapter's
effective date shall be declared void at the time of adoption of this
chapter, if the structure or use does not conform to the provisions
of this chapter and if no substantial construction has begun or contract(s)
let.
1.
Wherever the
regulations within this chapter are at variance with other lawfully
adopted rules, regulations, ordinances, deed restrictions or covenants,
those which impose the most restrictive requirements shall govern.
2.
No structure
or use which was not lawfully existing at the time of the adoption
of this chapter shall become or be made lawful solely by reason of
the adoption of this chapter; and to the extent that said unlawful
structure or use is in conflict with the requirements of this chapter,
said structure remains unlawful hereunder.
