Baldwin Borough City Zoning Code
ARTICLE I
General Provisions
§ 168-100 Statutory authority.
§ 168-110 Overview and organization.
This chapter is an important part of Baldwin Borough's overall land use management program that is implemented to protect the health, safety and welfare of the Borough's residential and business community. The chapter is divided into subchapters for ease of use and navigation:
A.
ARTICLE I, General Provisions: This article describes the overall zoning chapter, its purpose and objectives.
B.
ARTICLE II, Terminology: This article describes land uses and other terms relevant to this chapter.
C.
ARTICLE III, Zoning Districts and Zoning Map: This subchapter describes and establishes zoning districts, within which certain land uses are permitted.
D.
ARTICLE IV, Conditional Uses, Special Exceptions, and Supplemental Regulations, Including Signs: This article describes land uses related to structures and land in the Borough. It includes regulations such as setbacks and height restrictions. Additionally, there are requirements that are specific to certain uses or certain districts.
E.
ARTICLE V, Administration: This article describes the roles for individuals and groups as they apply to this chapter. These include the Borough Council, Zoning Officer, Building Inspector, Planning Commission and Zoning Hearing Board.
F.
ARTICLE VI, Enforcement and Penalties: This article describes application processes that allow for meaningful review and consideration of zoning permits, including approvals for conditional uses and special exceptions.
§ 168-120 Long title.
This chapter consists of an ordinance authorizing and empowering the Borough of Baldwin to plan its development and to govern the same by providing for zoning regulations, providing for appropriations and penalties for violations of the same; establishing zoning regulations for the use of land and structures, area of lots, bulk of buildings and other structures, the density of population, the provision of off-street parking and loading spaces and similar accessory regulations for the Borough of Baldwin, and for such purposes to divide the Borough into zoning districts; and repealing all ordinances in conflict herewith.
§ 168-130 Short title.
This chapter shall be known and may be cited as the "Zoning Ordinance of the Borough of Baldwin, Allegheny County, Pennsylvania."
§ 168-140 Intent.
The Borough Council adopted "Baldwin Borough Plans: One Vision, One Baldwin," an update to the Borough Comprehensive Plan (hereinafter "Comprehensive Plan") on April 21, 2015. The zoning regulations and zoning districts set forth in this chapter are made in accordance with the Comprehensive Plan of the Borough of Baldwin for the general welfare of the Borough residents and are intended to achieve, among others, the following purposes: to secure safety from fire and other dangers, to provide adequate light and air, to prevent the overcrowding of the land and avoid undue concentrations of population, to facilitate adequate provisions for transportation, water, sewerage, schools, parks and other public requirements, as well as the conservation of the value of land and buildings. These land use regulations were made with reasonable consideration, among other things, of the existing character of the various areas and neighborhoods within the Borough, their respective suitability for particular land uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout Baldwin Borough. Furthermore, the districts established in this regulation are intended to achieve the following:
A.
To provide sufficient space, appropriately located for residential development to meet the housing needs of the present and expected future population of the Borough within the range of house types and densities anticipated.
B.
To assure light, air and privacy, as far as possible, by controlling the spacing and height of buildings and other structures.
C.
To protect residential areas against hazards of fire, offensive noise, vibration, smoke, odors, glare or other objectionable influences.
D.
To prevent congestion, as far as possible, by regulating the density of population and the bulk of buildings, and by providing for sufficient off-street parking.
E.
To protect residential neighborhoods, as far as possible, from heavy or through traffic.
F.
To make possible provisions of those public and private educational, recreational, health and similar facilities serving the needs of nearby residents, which perform most effectively in a residential environment and do not create objectionable influences.
G.
To promote the most desirable use of land and direction of building development in accord with a well-considered plan, to promote stable residential development, to protect the character of any district and its peculiar suitability for particular uses, to conserve the value of land and buildings and to protect the Borough tax revenues.
§ 168-150 Relationship to comprehensive plan.
This chapter is adopted to promote an orderly plan of development according to an established Comprehensive Plan, including data on existing conditions, statements concerning the proposed plan and evaluations of implementation techniques. Such material shall be considered as legislative history and shall be utilized when necessary to establish policy in the interpretation of this chapter.
§ 168-160 Community development objectives.
A.
The community development objectives of the Borough of Baldwin existing at the time of the adoption of this chapter are contained specifically in the Comprehensive Plan adopted by Borough Council on April 21, 2015. The Comprehensive Plan is on file in the office of the Secretary of the Borough of Baldwin and was adopted for the purposes of ascertaining future land use, densities of population, location and function of streets, community facilities and utilities. The community development objectives include the following:
(1)
Preserve the character of Baldwin Borough's residential neighborhoods to ensure an adequate choice of attractive living accommodations promoting compatibility of both a strong single-family housing stock and healthy rental stock.
§ 168-170 Establishment of controls.
A.
Minimum and uniform regulations. The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
B.
For new uses and structures. In all districts, after the effective date of this chapter, any new building or other structure on any tract of land shall be constructed, developed and used only in accordance with the regulations specified for each district.
C.
For existing uses and structures. In all districts, after the effective date of this chapter, any existing building or other structure or any tract of land which is not in conformity with the regulations for the district in which it is located shall be deemed as nonconforming and subject to the regulations of this chapter.
§ 168-180 Interpretation of regulations.
A.
In interpreting the language of this chapter to determine the extent of a 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.
B.
The interpretation of the regulations of this chapter is intended to be such that, whenever these requirements are at variance with any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, as particularly refer to area and bulk regulations and impose higher standards, the most restrictive requirement shall govern.