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Brady Township Butler County
City Zoning Code

ARTICLE I

General Provisions

§ 350-101 Title and scope.

This chapter and attached Zoning Map shall be known as, and may be cited as "The Brady Township Zoning Ordinance."
This chapter:
Regulates the location and use of buildings, structures and land for residence, agriculture, commerce, industry and institutions;
Specifies the minimum areas of lots, and the location of structures on land for residence, agriculture, commerce, industry and institutions;
Divides the Township into zoning districts of such size, shape, area and interrelationship as to provide the most harmonious and mutually compatible arrangement to serve the public interest; and
Establishes procedures for administration, enforcement and amendment.

§ 350-102 Authority to adopt zoning.

The authority of the Township to enact and apply zoning regulations comes from the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.

§ 350-103 Interpretation.

The regulations contained in this chapter shall be held to be the minimum regulations required to uphold the public health, safety, morals and general welfare.

§ 350-104 Purpose.

The regulations of this chapter are deemed necessary to:
Promote the public health, safety, morals and general welfare;
Encourage orderly, coordinated and compatible development and growth;
Conserve and stabilize property values through the most appropriate and efficient uses of land and arrangement of use districts;
Preserve agriculturally viable lands, floodplains, wetlands, recreational areas and forests from the impacts of development;
Facilitate the economical provision of public services; and
Prevent overcrowding and blighting conditions; overtaxing of groundwater supplies and of the capacity of soils to absorb wastewater; and congestion and dangerous conditions on roads.

§ 350-105 Community development objectives.

In addition to the general purposes behind the adoption of this chapter contained in § 350-104, the following specific community development objectives have been considered in designing the contents of this chapter:
Maintain throughout the Township the present rural character. Agricultural activity and low-density residential development should be encouraged;
New nonresidential growth should be channeled into the Route 8 - Route 173 corridor because of access and the variety of land uses already in place; Highway frontage in selected locations should be set aside for business growth to provide for neighborhood-scaled retail and service needs;
Manage residential development outside the corridor so that land proposed for development is capable of absorbing sewage effluent and the underlying aquifer is capable of providing a continuous potable water supply;
Interior roadways serving developments shall be designed and built to handle traffic generated by the such developments; and
Encourage efficient development within the existing highway corridors to encourage employment opportunities and local investment.

§ 350-106 Municipal liability.

The grant of a building permit to undertake a land development in accordance with the terms of this chapter shall not constitute a representation, guarantee or warranty of any kind by Brady Township or by any official or employee concerning the practicality, safety, or economic success of the use, building or structure covered by the permit, and shall create no liability upon the Township, its officials or employees.

§ 350-107 Duties of public officials.

[Amended 5-21-2024 by Ord. No. 2024-01]
While the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] may from time to time in the future assign new duties to local officials or withdraw and reassign duties, general responsibilities are enumerated herein.
The Board of Supervisors shall be responsible for:
Convening public hearings to take testimony on this chapter and future amendments thereto, and taking action to adopt or rescind the original ordinance and any future amendments thereto (see § 350-1206);
Appointing the members of the Planning Commission and of the Zoning Hearing Board and the Zoning Officer; making appointments to fill unexpired terms; removing members of the Zoning Hearing Board after investigation and positive findings of malfeasance, misfeasance and nonfeasance while in office;
Holding public hearings and making decisions on conditional use proposals after soliciting recommendations from the Planning Commission (see § 350-803); and
Referring amendment requests for review and comment to the Planning Commission and Butler County Planning Commission before conducting a public hearing and rendering a decision.
The Planning Commission shall be responsible for:
Reviewing proposed subdivision and land development plans and providing recommendations on each plan to the Board of Supervisors (see Chapter 295, Subdivision and Land Development);
Reviewing proposed conditional use applications and providing recommendations on each application to the Board of Supervisors (see § 350-802);
Initiating proposed amendments to this chapter or reviewing proposals made by citizen petition or by the Board of Supervisors, and providing recommendations on each such amendment proposal to the Board of Supervisors (see § 350-1206); and
Periodically reviewing this chapter text and Zoning Map to determine if they remain relevant to development trends and planning concerns that arise.
The Zoning Hearing Board shall be responsible for:
Calling and holding public hearings complete with stenographic records, as specified, and to take testimony on all matters brought before it;
Evaluating testimony and making a decision on each appeal or contested issue, commencing and concluding each matter within the mandated time constraints;
Communicating decisions to applicants as required;
Hearing appeals from decisions of the Zoning Officer;
Hearing challenges to the validity of this chapter or any parts thereof;
Hearing requests for variances from strict application of the terms of this chapter because an alleged hardship to the applicant exists;
(Reserved)
Hearing requests for modifications of the Township flood hazard area regulations as they affect specific properties.
The Zoning Officer shall be responsible for:
Administering this chapter in accordance with its literal terms;
Issuing zoning, occupancy/use permits and other related permits after assurance that the permitted development is fully in accordance with the requirements of this chapter and verifying that the construction and use of buildings and land concurs with the permits;
Issue building permits as delegated by the Building Code Official as a Code Administrator or Construction Code Official as defined and in accordance with Title 34, Labor and Industry, of the Uniform Construction Code.
Defending his/her actions, if challenged, before the Zoning Hearing Board, Magisterial District Judge or in the Court of Common Pleas;
Providing information to the public on the provisions of local ordinances, keeping records of all official actions, and providing periodic and annual reports to the Board of Supervisors.
The Building Code Official shall be responsible for:
Managing, supervising and administering building code enforcement activities under Section 401.7(a)(18)(relating to certification category specifications).[2]
[2]
Editor's Note: So in original.
Duties include, but not limited to: management of building code enforcement activities; supervision of building inspectors or plan examiners; authorizing issuance of certificates of occupancy; issuance of building permits, violation notices and orders to vacate; and the initiation of prosecutions.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.