Churchill City Zoning Code
ARTICLE I
General Provisions
§ 304-1 Purpose; applicability.
It is hereby ordained and enacted by the Borough Council of the Borough of Churchill, County of Allegheny, Commonwealth of Pennsylvania, that from and after the passage and approval of this chapter, the several classes of districts specified herein shall be established, and the following regulations shall be in full force and effect. The provisions of this chapter shall be held to be the minimum requirements for the protection of the health, safety and welfare of the people at large and are designed to encourage the establishment and maintenance of reasonable community standards of physical environment.
§ 304-2 Title.
This chapter may be cited as the "Churchill Borough Zoning Ordinance."
§ 304-3 Defined terms.
Words used in a special sense in this chapter are defined in Article II.
§ 304-4 Community development objectives.
The community development objectives which are the basis for the provisions of this chapter are set forth in the Comprehensive Plan[1] as adopted by Council. In addition to the Comprehensive Plan, the following is a supplementary statement of the purpose and intent of this Chapter 304, Zoning. The objectives are adopted as a statement of legislative findings and may be used in evaluating any proposed additions or deletions to this chapter. Further specific regulations within this chapter have been adopted so as to reflect all legislative mandates and findings which may relate to future development.
A.
The general objective for the management of growth in Churchill Borough is to provide a pleasant, attractive, healthy, safe and convenient environment. This objective shall be pursued by the implementation of land use plans to:
(1)
Preserve and improve the natural environment.
(2)
Increase property values and the economic base of the community.
(3)
Provide for safe, adequate and attractive housing and to maintain the character and stability of the same.
(4)
Obviate losses from flooding.
(5)
Provide the necessary infrastructure of utilities and vehicular and pedestrian transportation arteries in the least intrusive way upon the community.
(6)
Provide for recreational and community facilities.
(7)
Provide for ongoing community planning.
B.
The preservation and improvement of the environment shall be pursued by:
(1)
The elimination of visual and physical blight such as overhead utility lines, concentrations of signs of excessive size and proximity, large expanses of pavement and deteriorated structures.
(2)
The preservation of natural topography and wooded slopelands, including the limiting of hillside development beyond a reasonable gradient and the control of floodplains and watersheds.
(3)
The prevention of excess erosion, hazardous rock and soil slippage, sedimentation and other soil and water management problems.
(4)
The regulation and control of the design, construction, quality of materials, use, location and maintenance of grading, excavation and fill.
(5)
The reclamation of derelict land.
(6)
The acquisition by the borough of and the promotion of the dedication of natural open space and wooded slopeland in order to link existing and proposed park sites and neighborhoods and to prevent ecological problems resulting from extensive cut and fill necessary to develop wooded slopelands.
C.
The increase of property values, employment opportunities and the economic base of the community shall be pursued by:
D.
The provision for safe, adequate and attractive housing for the entire population of the community shall be pursued by:
(1)
The preservation of the residential character of the borough as a visually attractive setting by encouraging the conservation of tree and garden areas, natural open spaces and wooded slopeland.
(2)
The provision of a range of housing density alternatives and a mix of housing types, correlating residential density and housing type with topography, environmental conditions and the capacity of and distance from existing and proposed utilities, streets and community facilities.
(3)
The promotion of an attractive residential environment through the implementation of the other objectives set forth herein.
E.
The prevention of loss of life, disruption of transportation and governmental services, unnecessary expenditure of public funds for flood protection and relief and the related impairment of the tax base shall be pursued by:
(1)
Regulation of uses and development in floodplains which, acting alone or in combination with other uses and development, may cause unacceptable increases in flood heights, velocities and frequencies.
(2)
Restricting and prohibiting certain uses, activities and development from locating within areas subject to flooding.
(3)
Requiring all those uses, activities and developments that occur in floodplains to be protected and floodproofed against flooding and flood damage.
(4)
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
F.
The provision of the necessary infrastructure of utilities and transportation arteries shall be pursued by:
(1)
The extension of waterlines, storm and sanitary sewers and roads and their improvement where economically feasible and essential to community development.
(2)
The encouragement of public utilities to improve and extend services consistent with the objectives set forth herein.
(3)
Traffic planning and control which will provide safe, rapid and convenient movement of people and goods within and through the borough, with a clear separation of through and local traffic and minimal disruption of residential integrity.
G.
The provision of recreational facilities to accommodate needs of the existing population shall be pursued by:
(1)
The provision of recreational facilities to accommodate needs of the existing and future population.
(2)
The promotion of the joint use of schools and parks to decrease duplication of services and to provide the greatest value for public expenditures.
(3)
The promotion of acquisition or dedication of natural open space for park and recreational purposes as appropriate to meet the needs of Borough residents.
(4)
The preservation of historical landmarks.
H.
The creation and implementation of land use plans which shall seek the foregoing objectives and which shall:
(1)
Avoid incompatible land use and protect against detrimental effects through planting, open space and natural breaks in topography.
(2)
Concentrate development to prevent sprawl, conserve open space and make full use of utilities and services.
(3)
Provide site plan control.
(4)
Preserve the character and density of Churchill Borough and maintain existing standards of neighborhood development.
[1]
Editor's Note: The Comprehensive Plan is on file in the Borough offices.
§ 304-5 Zoning Map.
A map entitled "Churchill Borough Zoning Map" is hereby adopted as a part of this chapter. The Zoning Map shall be kept on file for examination in the office of the Borough Manager in the Municipal Building.
§ 304-6 Compliance; permits.
To ensure compliance with the provisions of this chapter the following permits and plat approvals are required:
A.
A zoning permit shall be required before any person may construct, reconstruct, move, alter or enlarge any structure or building or change the use of a structure or land to a different use or change a nonconforming use or structure. With regard to any subdivision of property, no zoning permit shall be issued for the construction of any structure until the final plat has been approved by Council and has been recorded as required herein.
B.
A zoning occupancy permit shall be required prior to any occupancy of land or structure or any portion thereof or any change in occupancy of land or structure or to certify the validity of nonconforming uses or structures.
C.
A sign permit shall be required before any person may hereafter erect or alter in any way any sign, except a name plate, political sign or temporary real estate sign as specified herein.
D.
A grading permit shall be required except for minor grading operations before any person may grade, excavate or fill any land, improve a street, or install any public utilities. (See the definition in § 304-8B.)
E.
Zoning permits shall become null and void if the work authorized has not been commenced within two years or is not completed within three years from the date of issue. If the zoning permit becomes null and void, a new permit must be obtained. The permit may be renewed by the Zoning Officer if there has been no change in applicable regulations and if such renewal is requested within one month of the date of expiration of such permit. If applicable regulations have been changed, the full review and approval procedure required by this chapter shall apply. No permit issued by authorization of the Zoning Hearing Board shall be renewed except by authority of the Zoning Hearing Board.
F.
Every permit shall be revocable where the Zoning Officer determines that the applicant or occupant is not complying with every condition required by the issuance of said permit.
§ 304-7 Interpretation.
The provisions of this chapter shall be held to be the minimum requirements for the protection of the health, safety, morals and general welfare of the public.