The Canton Borough Council adopted its original Zoning Ordinance in November, 1976, in accordance with the Canton Borough Comprehensive Development Plan of 1976 to "consider the character of the municipality, its various parts, and the suitability of various parts for the particular uses and structures." Since that time, Granville Township, Canton Borough and Canton Township have jointly developed and adopted the Joint Community Comprehensive Plan 2003-2005 that updates anticipated goals and objectives for the region and its individual municipalities. The Borough Planning Commission has been charged with updating the previous Ordinance and intends to provide consistency between the recognized plan goals and the standards set forth within this Ordinance Amendment.
Canton City Zoning Code
PART 0
INTRODUCTION
§ 27-001 Legal Basis for Zoning
The Pennsylvania Municipalities Planning Code (MPC) is the enabling legislation for local governments to zone and adopt Zoning Ordinances. According to the MPC, Zoning Ordinances should reflect the policy goals and community objectives of any adopted municipal Comprehensive Plan, and give consideration to the character of the municipality, the needs of the citizens and the suitabilities and special nature of particular parts of the municipality.
Under the MPC, Zoning Ordinances are regulated as follows:
Except where in conflict with other regulations, Zoning Ordinances may permit, prohibit, regulate, restrict and determine:
(1) | Uses of land, watercourses and other bodies of water; |
(2) | Size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures; |
(3) | 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; |
(4) | Density of population and intensity of use; and |
(5) | Protection and preservation of natural and historic resources and prime agricultural land and activities. |
Zoning Ordinances may contain: | |
(1) | Provisions for Special Exceptions and Variances administered by the Zoning Hearing Board in accordance with the MPC; |
(2) | Provisions for Conditional Uses to be allowed or denied by the Borough Council, pursuant to public notice and hearing and recommendations by the Planning Commission and pursuant to express standards and criteria set forth in the Zoning Ordinance; |
(3) | Provisions for regulating transfer of development rights, on a voluntary basis, including provisions for the protection of persons acquiring the same in accordance with the MPC; |
(4) | Provisions for the administration and enforcement of the Zoning Ordinance; |
(5) | Such other provisions as may be necessary to implement the purposes of the MPC; |
(6) | Provisions to encourage innovation and to promote flexibility, economy and ingenuity in development, including subdivisions and land developments; |
(7) | Provisions authorizing increases in the permissible density of population or intensity of a particular use based upon expressed standards and criteria set forth in the Zoning Ordinance; and |
(8) | Provisions to promote and preserve prime agricultural land, environmentally sensitive areas and areas of historic significance. |
Zoning Ordinances may include provisions regulating the siting, density and design of residential, commercial, industrial and other developments in order to assure the availability of reliable, safe and adequate water supplies to support the intended land uses within the capacity of available water resources. | |
Zoning Ordinances may not unduly restrict the display of religious symbols on property being used for religious purposes. | |
Zoning Ordinances may not unreasonably restrict forestry activities. Forestry activities, including, but not limited to, timber harvesting, shall be a permitted use by right in all zoning districts in every municipality. | |
Zoning Ordinances shall protect prime agricultural land and may promote the establishment of Agricultural Security Areas. | |
Zoning Ordinances shall provide protection of natural and historic features and resources. | |
Zoning Ordinances shall encourage the continuity, development and viability of agricultural operations. | |
Zoning Ordinances may not restrict agricultural operations or changes to or expansions of agricultural operations in geographic areas where agriculture has traditionally been present, unless the agricultural operation will have a direct adverse effect on the public health and safety. | |
Zoning Ordinances shall provide for the reasonable development of minerals within the Borough. | |
Zoning Ordinances and all local ordinances regulating oil and gas operations shall allow for the reasonable development of oil and gas resources (Act 13 of 2012). | |
Zoning Ordinances shall permit No Impact Home-Based businesses in all residential zones of the Borough as a use Permitted by Right, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest ownership community. | |
§ 27-002 Preparation and Enactment of the Zoning Ordinance.
The specific procedures for the preparation, enactment and amendment of a Zoning Ordinance are set forth in the Pennsylvania Municipalities Planning Code (MPC). Following these procedures is extremely important since they set precedents to the validity of a Zoning Ordinance. Failure to abide by the MPC requirements could result in a Zoning Ordinance being declared null and void by a court of law in any legal challenge to the ordinance.
§ 27-003 Purpose of Zoning.
The Pennsylvania Municipalities Planning Code (MPC) sets forth the purpose of a Zoning Ordinance as follows:
(1)
To promote, protect and facilitate any or all of the following: the public health, safety, morals and the general welfare; coordinated and practical community development and proper density of population; emergency management preparedness and operations, airports, and national defense facilities, the provisions of adequate light and air, access to incident solar energy, police protection, vehicle parking and loading spaces, transportation, water, sewerage, schools, recreational facilities, public grounds, the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use, and other public requirements; as well as preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains;
(2)
To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers;
(3)
To preserve prime agriculture and farmland considering topography, soil type and classification and present use;
(4)
To provide for the use of land within the borough for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and two-family dwellings, and a reasonable range of multi-family dwellings in various arrangements, mobile homes and mobile home parks; and
(5)
To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.
§ 27-004 Adoption of the Zoning Ordinance.
The responsibility for the preparation of a Zoning Ordinance is granted to the Planning Commission by the MPC. Under instruction from the Canton Borough Council, the Borough Planning Commission shall prepare the text and map of the proposed Zoning Ordinance, and surveys preliminary thereto. The Borough Planning Commission shall hold at least one Public Meeting pursuant to Public Notice. Upon completion of its work, the Borough Planning Commission shall present to the Borough Council the proposed Zoning Ordinance, together with recommendations and explanatory materials. Prior to enactment of a Zoning Ordinance, the Borough Council shall hold a Public Hearing, pursuant to Public Notice. At least 45 days prior to the Public Hearing, the Borough Council shall submit the Zoning Ordinance to the County Planning Agency for comments and/or recommendations.
Procedures vary slightly for amendment to a Zoning Ordinance and are found in the MPC. The ordinance codified in this Chapter is Ord. 578, passed March 9, 2015.