Clairton City Zoning Code
ARTICLE I
General Provisions
§ 337-1 Title.
A Zoning Ordinance regulating and restricting the height, location, size and use of buildings and/or land in the City of Clairton, Allegheny County, Pennsylvania, the areas to be occupied by buildings in proportion to the size of the lots upon which they stand: the size of yards and other open spaces appurtenant thereto and the density of population, and for these purposes establishing districts and boundaries, and other uses within such districts and boundaries, and providing for the appointment of a Zoning Hearing Board, and setting forth the duties and functions of said Board, and providing for administration, charges and enforcement of this chapter and providing penalties for violation thereof.
§ 337-2 Short title.
This chapter shall be known and may be cited as "The Zoning Ordinance of the City of Clairton." This chapter is also known as "the Zoning Code" or as "Chapter 337" of the Codified Ordinances of the City of Clairton. It is also hereinafter referred to as "the Zoning Ordinance" or "this chapter."
§ 337-3 Legislative authority; applicability.
§ 337-4 Relationship to Comprehensive Plan.
This chapter is enacted to promote an orderly plan of development according to the goals, objectives and recommendations of the City of Clairton Comprehensive Plan. The Comprehensive Plan includes data on existing conditions with reasonable consideration given to the existing character of the various areas within the City and their respective suitability to particular land uses.
§ 337-5 Community development objectives.
The City of Clairton Comprehensive Plan sets forth community development objectives which are the basis for the provisions of this chapter. The objectives are adopted as a statement of legislative findings and may be used in evaluating any proposed additions or deletions to this chapter.
A.
Revitalize the multiple business districts to help grow and stabilize the local tax base to become a self-sufficient community through the:
(1)
Stimulation of community economic development projects to vitalize the industrial base and expand employment opportunities for City residents.
(2)
Concentration of commercial and industrial uses in the areas where streets and utilities can provide the necessary services and where conflicts with other uses can be minimized through site design and transitional provisions.
B.
Promote sound land use planning through the protection of open space and the enhancement of natural and cultural assets through the:
(1)
Elimination of visual and physical blight, such as overhead utility lines, concentrations of signs of excessive size and proximity and dilapidated structures.
(2)
Preservation of natural topography and wooded slope lands, including the limiting of hillside development beyond a reasonable gradient and the control of floodplains and watersheds.
(3)
Reclamation of derelict land.
(4)
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.
(5)
Restricting and prohibiting certain uses, activities and development from locating within areas subject to flooding.
(6)
Requiring all those uses, activities and developments that occur in floodplains to be protected and floodproofed against flooding and flood damage.
(7)
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
C.
Provide additional social and recreational opportunities for residents of all ages through partnership with other organizations and communities.
D.
Provide a diverse mix of safe housing options that will appeal to young professionals, families, and older residents.
(1)
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.
(2)
The rehabilitation of deteriorating housing, the maintenance of sound housing and the development of new housing.
(3)
The promotion of an attractive residential environment through the implementation of the other objectives set forth herein.
E.
Ensure that all municipal ordinances are consistent and compatible with the desired future growth and development patterns.
(1)
Avoid intermixing incompatible land uses and protect against the detrimental effect of adjacent incompatible land uses through planting, open space and natural breaks in topography.
(2)
Concentrate development where possible to prevent sprawl, conserve open space and make full use of utilities and services.
(3)
Provide for safety and welfare on intensively developed sites through the review of site plans.
F.
Improve mobility to, from, and within the City of Clairton by enhancing major transportation routes, public transportation options and pedestrian circulation and connections.
(1)
The extension of the City improvements of waterlines, storm and sanitary sewers and roads and their improvement, where economically feasible to guide and promote 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 and convenient movement of people and goods within and through the City with a separation of through and local traffic, provision for pedestrians and minimal disruption of existing and proposed development patterns and community integrity.
§ 337-6 Compliance and conformance required.
A.
Compliance required.
(1)
No structure shall be located, erected, constructed, reconstructed, moved, altered, converted or enlarged, nor shall any structure or land be altered or used, except in full compliance with all the provisions of this chapter and after the lawful issuance of all permits and certificates required by this chapter.
(2)
Any existing land use, building, structure, or any tract of land which is not in conformity with the regulations of the district in which it is located, shall be deemed as nonconforming and be subject to the nonconforming regulations of this chapter.
§ 337-7 Interpretation of provisions.
A.
In interpreting the language of zoning ordinances to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by City Council, in favor of the property owner and against any implied extension of the restriction (Pennsylvania Municipalities Planning Code Section 603.1[1]).
[1]
Editor's Note: See 53 P.S. § 10603.1.
B.
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 residents of the City of Clairton.
C.
Whenever any regulations made under authority of this chapter impose higher standards of compliance than are required under the provisions of any other statute, the provisions of the regulations made under authority of this chapter shall govern, except when preempted by federal or Commonwealth of Pennsylvania law.
D.
Whenever the provisions of any other statute impose higher standards of compliance than are required under this chapter, the provisions of the other statute shall govern.
E.
This chapter does not repeal, abrogate, annul, or in any way impair or interfere with the existing provisions of other laws or ordinances, except those specifically or implied repealed by this chapter or any private restrictions placed upon property by covenant, deed, or other private agreement unless repugnant hereto.
F.
Provisions in any other ordinances that are concerned with design standards and which are enacted and administered for the City shall not be considered to be in conflict with provisions of this chapter.
§ 337-8 Severability.
A.
It is hereby declared to be the intent of City Council that:
B.
If a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions that are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.
C.
If a court of competent jurisdiction finds the application of any provision or provisions of this chapter to any lot, building, tract of land, or other structure to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the dispute, and the application of any such provision to other persons, property, or situations shall not be affected.
§ 337-9 Applicability to public utility corporations.
This chapter shall not apply to facilities of a public utility corporation, if specifically exempted by Pennsylvania Public Utility Commission after a hearing under the provisions of Section 619 of the Pennsylvania Municipalities Planning Code, as reenacted and amended.[1]
[1]
Editor's Note: See 53 P.S. § 10619.
§ 337-10 Applicability to City and municipal authorities.
This chapter shall not apply to any lot, existing or proposed structure, use thereof, of any expansion thereof, owned, used or to be used by the City of Clairton, and/or by any municipal authority created by the City of Clairton.
§ 337-11 Repealer.
Any resolution or ordinance, or any part of any resolution or ordinance, in conflict with the provisions of this chapter is hereby repealed to the extent of such conflict.