Ben Avon City Zoning Code
ARTICLE I
Title, Intent and Purposes
§ 2000-100 Effectiveness.
[Ord. 738, 8/18/2009]
The classes of Zoning Districts specified herein and the following regulations are hereby established in full effect.
§ 2000-101 Title.
[Ord. 738, 8/18/2009]
This Ordinance shall be known as and may be cited as the "Avalon-Bellevue-Ben Avon Joint Zoning Ordinance" in accordance with and exercising the authority of the Pennsylvania Municipalities Planning Code, as amended, for the Borough of Avalon, Borough of Bellevue and Borough of Ben Avon (Tri-Borough Communities).
§ 2000-102 General Intent.
[Ord. 738, 8/18/2009]
A.
To protect public health, safety, morals and general welfare in the Tri-Borough Communities.
B.
To encourage practical and coordinated community development.
C.
To establish proper density of population in the various Zoning Districts and provide adequate light, air and amenity.
D.
To facilitate the provision of adequate public highways and streets, vehicle parking and loading, public transportation, water supply, sewage disposal, public and private schools, parks and open spaces and other public requirements, such as public utilities and rights-of-way.
E.
To prevent the overcrowding or improper or incompatible development or use of land and to prevent blighting conditions and congestion or hazard in travel and transportation.
F.
To secure safety of health, life and property from fire, flood, panic, noise, noxious fumes, explosion and other dangers.
G.
To preserve forests, floodplains, steep hillsides, recreation and other natural resource lands from conflict with intense development and from erosion, and to manage the release of stormwater to minimize downstream flooding.
H.
To facilitate generally orderly and compatible development and redevelopment within each Tri-Borough Community and public programming of improvements.
§ 2000-103 Community Development Objectives.
[Ord. 738, 8/18/2009]
In addition to the general intent of this Ordinance, the following specific Community Development Objectives have been considered as a basis upon which the regulations and controls of this Ordinance are derived:
A.
The present atmosphere of the Boroughs should be maintained and development channeled into a logical sequence rather than permitted to occur in a haphazard arrangement.
B.
Growth and redevelopment should be channeled into areas where adequate infrastructure is located.
C.
Within the capability of existing or anticipated public facilities, services and streets, a range of housing types and densities oriented towards the changing needs of those seeking housing in the Boroughs should be encouraged.
D.
Interconnecting streets shall serve the development of the Boroughs in a logical and continuous manner. Planning shall be the responsibility of the Planning Commission and streets shall meet the standards of construction set forth by the Boroughs.
E.
Development standards should encourage a variety of site design opportunities while at the same time maintaining adequate health and safety standards.
F.
Commercial growth should be related to the needs of the residential and institutional activities in the Boroughs adjoining municipalities.
G.
Nonresidential uses should be encouraged to develop to complement and minimize impacts on surrounding residential uses. Points of access to commercial developments on the same highway should be designed to avoid congestion.
H.
Recreational development shall provide for the needs of the Borough and open space areas shall be located to serve the maximum number of residents.
I.
Objectives of the communities' Comprehensive Plan shall be considered as part of zoning activities, land use relationships and infrastructure services.
§ 2000-104 Abrogation.
[Ord. 738, 8/18/2009]
It is not intended by this Ordinance to repeal, abrogate, annul, other than enumerated in § 2000-105 herein or interfere with any existing ordinance or enactment or with any rule, regulation, or permit adopted or issued. If this Ordinance imposes greater restrictions upon the use of buildings or land, then the provisions of this Ordinance shall control.
§ 2000-105 Repealer.
[Ord. 738, 8/18/2009]
Ord. 1268 (Avalon), Ord. 1226 (Bellevue) and Ord. 561 (Ben Avon), as amended, are hereby expressly repealed; provided, further that nothing in this Ordinance 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 Ordinance. All ordinances or parts of ordinances and all resolutions or parts of resolutions which are inconsistent herewith by virtue of references or incorporation of requirements contained in the preexisting zoning ordinances as amended shall, as nearly as possible, be construed to reference this Ordinance.
§ 2000-106 Severability.
[Ord. 738, 8/18/2009]
A.
Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such a decision shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part declared to be unconstitutional or invalid.
B.
In any challenge to the validity of the joint municipal zoning ordinance, the court shall consider the validity of the ordinance as it applies to the entire area of its jurisdiction as enacted and shall not limit consideration to any single constituent municipality.