Crafton City Zoning Code
ARTICLE I
General Provisions
§ 225-1 Title.
The official title of this chapter is the "Crafton Borough Zoning Ordinance," and it is adopted by virtue of the authority granted to the Borough by the Commonwealth in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988 (53 P.S. § 10101 et seq., as may be amended from time to time). It shall be referred to herein as the/this "Code."
§ 225-2 Applicability.
A.
In their interpretation and application, the provisions of this Code shall be the minimum requirements adopted for the promotion of the public health, safety, convenience, planned prosperity and general welfare.
B.
All ordinances or parts of ordinances in conflict with this Code or inconsistent with the provisions of this Code are hereby repealed to the extent necessary to give this Code full force and effect. This Code shall become effective on the date of passage and adoption by Borough Council as provided by law.
C.
No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, or enlarged, nor shall any structure or land be used or be designed to be used, except in full compliance with all the provisions of this Code and after the lawful issuance of all permits and certificates required by this Code.
D.
Where, at the effective date of adoption or amendment of this Code, a lawful preexisting building, structure, or use, is made no longer permissible under the terms of this chapter as enacted or amended, such building, structure, or use shall be deemed to be a legal nonconforming building, structure, or use and shall comply with all provisions of this Code from that date forward. Except as otherwise set forth herein, any unlawful use of land or buildings existing at the time of adoption or amendment of this Code shall remain illegal and unlawful subject to all of the provisions and penalties of this chapter.
E.
The provisions of this Code are not intended to nullify, abolish, or repeal any easement, covenant or other private agreement or restriction.
§ 225-3 Community development objectives.
The Code is in furtherance of the development objectives set forth in the Crafton-Ingram Thrive Comprehensive Plan, as they specifically pertain to the Borough of Crafton, and the following general development objectives:
A.
The general objective for the development of the Borough of Crafton is to provide a pleasant, attractive, healthy, safe and convenient environment for living, working, education, shopping and recreation. This objective shall be pursued by the creation and implementation of land use plans to:
(1)
Provide safe, adequate and attractive housing;
(2)
Increase property values, employment opportunities, and the economic base of the community;
(3)
Provide the necessary infrastructure of utilities and transportation arteries;
(4)
Preserve and improve the natural environment; and
(5)
Provide recreational and community facilities.
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, concentration of signs of excessive size and proximity, large expanses of uninterrupted pavement, dilapidated structures and trash;
(2)
The preservation of existing trees and green space, natural topography and wooded slopelands, including the limiting of hillside development beyond a reasonable gradient, the control of floodplains and watersheds;
(3)
The reclamation of derelict land; and
(4)
The municipal acquisition and the promotion of the dedication of natural open space and wooded slopeland to link the existing and proposed park sites and neighborhoods and to prevent ecological problems resulting from wooded slopeland development.
C.
The provision of safe, adequate and attractive housing for the entire population of the community shall be pursued by:
(1)
The provision of a wide range of housing density alternatives; preservation of a mix of housing types; correlation of residential density and housing type with topography, existing conditions and the capacity of and distance from existing and proposed utilities, streets and community facilities;
(2)
The rehabilitation and removal of deteriorating housing, the maintenance of sound housing and the development of new housing; and
(3)
The promotion of an attractive residential environment through the implementation of the other objectives set forth herein.
D.
The increase of property values, employment opportunities and the economic base of the community shall be pursued by:
(1)
The promotion of economic growth and employment opportunities;
(2)
The concentration of commercial and industrial uses in the areas where streets and utilities can provide the necessary services and where harmonious uses can be maximized through site design and provisions that encourage walkability; and
(3)
The implementation of the other objectives set forth herein.
E.
The provision of the necessary infrastructure of utilities and transportation arteries shall be pursued by:
(1)
The extension of the municipal 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 prioritize pedestrians, provide safe, efficient and convenient movement of people and goods within the municipality, with a separation of through and local traffic, and minimal disruption of existing and proposed development patterns and community integrity; and
(4)
Promote safe and convenient circulation for pedestrians and bicycles.
F.
The provision of recreational and community facilities shall be pursued by:
(1)
The creation of outdoor and indoor recreational facilities to accommodate the existing and future population;
(2)
The promotion of schools and parks in close proximity to decrease duplication of services and provide the greatest value for public expenditures;
(3)
The promotion of acquisition or dedication of natural open space for park and recreational purposes; and
(4)
The preservation of historical landmarks.
G.
The creation and implementation of land use plans shall seek to achieve the foregoing objectives and to:
(1)
Achieve the purpose for which each zoning district is intended, as stated in the purpose statements for each article of this chapter, which are to be considered a part of these development objectives, and incorporated herein;
(2)
Protect against the detrimental effect of incompatible land uses through planting, open space and natural breaks in topography;
(3)
Concentrate development where possible to prevent sprawl, conserve open space and make full use of utilities and services; and
(4)
Provide site plan control.
§ 225-4 Saving provision for pending enforcement actions.
Except as shall be expressly provided for in this Code, the adoption of this Code shall not:
A.
Nullify or make void any action pending under, or by virtue of, any prior zoning code or subdivision ordinance;
B.
Discontinue, nullify, void, abate, modify or alter any penalty accruing or about to accrue under, or by virtue of, any prior zoning code or ordinance;
C.
Affect the liability of any person, firm, or corporation under, or by virtue of, any prior zoning code or ordinance;
D.
Waive any right of the Borough under any section or provision of any prior zoning code or ordinance; or
E.
Vacate or annul any rights obtained by any person, firm, or corporation by lawful action of the Borough under, or by virtue of, any prior zoning code or ordinance.
§ 225-5 Invalidity/severability.
If any of the provisions of this chapter or the application of any provision of this chapter to a particular circumstance(s) is held to be invalid by a court of competent jurisdiction, the remainder of the chapter or the application of such provision to other circumstances shall not be affected.
§ 225-6 Zoning districts and maps.
The "Official Crafton Borough Zoning District Map," (the "Zoning Map"), together with all explanatory matter thereon is adopted by reference and declared to be a part of this Code. The boundaries of the various zoning districts are hereby established on the Zoning Map on file in the office(s) of the Zoning Officer and the Borough Manager. The Zoning Map with all explanatory matter thereon is hereby made a part of this chapter. The Zoning Map shall be dated and shall carry the signature of the President of the Borough Council and the Borough Secretary certifying that it is the true Zoning Map adopted by the Council, and the Zoning Map shall be sealed with the official Borough Seal. All amendments shall be identified on the Zoning Map and similarly certified.
§ 225-7 Rules for interpreting district boundaries on zoning map.
A.
The boundaries between districts are, unless otherwise indicated, either the center line of streets or such lines extended, or parallel lines thereto, or property lines, or other physical boundaries and delineations. Where streets, property lines, or other physical boundaries and delineations are not applicable, boundaries shall be determined by the scale shown on the Zoning Map.
B.
Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map or in other circumstances not specifically covered above, the Zoning Hearing Board shall interpret the district boundaries. Where uncertainty exists as to the boundaries of zoning districts as shown on the Zoning Map, the following rules shall apply:
(1)
Boundaries indicated as following the center lines of streets, highways, or alleys shall be construed to follow such center lines;
(2)
Boundaries indicated as following platted lot lines shall be construed as following such lot lines;
(3)
Boundaries indicated as following municipal limits shall be construed as following municipal limits;
(4)
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;
(5)
Boundaries indicated as following the center lines of streams, rivers, or other bodies of water shall be construed to follow center lines, and in the event of change in the location of streams, rivers, and other bodies of water, shall be construed as moving with the actual body of water and following the center line;
(6)
Distances not specifically indicated on the Zoning Map shall be determined by the scale of the Zoning Map.
§ 225-8 Rules for measurement and calculation.
A.
Height measurement. Building height is measured as the distance between a horizontal line at the average grade directly beside the structure and the highest point of any of the following, as applicable:
(1)
The coping of a flat roof;
(2)
The top of a mansard roof;
(3)
The midpoint of any pitched gable, hip or the upper portion of a gambrel roof; or
(4)
As measured between the top floor ceiling and the peak of the roof on an A-framed structure.
B.
Chimneys, elevators and stair penthouses, poles, spires, tanks, towers, and other projections not used for human occupancy are not included in calculating height and may extend above the height limit by not more than 20 feet above the applicable maximum height limitation; provided, however, that spires, steeples, and minarets on buildings used for religious assembly shall not be subject to such limitation.
C.
Yards, open space, and parking. Unless otherwise permitted herein, no part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Code shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building unless approved in writing by the Zoning Officer or as part of a conditional use by Borough Council.
D.
Lot or yard dimensions. No yard or lot existing at the time of passage of this Code shall be reduced in dimension or area below the minimum or above the maximum requirements set forth herein. Yards or lots created after the effective date of this Code shall meet at least the minimum and shall not exceed the maximum requirements established by this Code.
§ 225-9 Rules of interpretation.
A.
Whenever a defined word appears in the Code, its meaning is as defined in this Code. Words not defined in this Code are interpreted in accord with their usual dictionary meaning and customary usage.
B.
All references to other regulations or manuals in this Code refer to the most current version and citation for those regulations or manuals, unless expressly indicated otherwise. When the referenced regulations or documents have been repealed and not replaced by other regulations or manuals, code requirements for compliance are no longer in effect.
C.
Illustrations, diagrams, and flowcharts are included in this Code to illustrate the intent and requirements of the text. In the case of a conflict between the text and any illustration, diagram, or flowchart, the text controls.
D.
Except as otherwise noted, any fraction greater than or equal to 0.5 will be rounded up to the nearest whole number. Any fraction less than 0.5 will be rounded down to the nearest whole number.
E.
The language of this Code shall be defined as follows:
(1)
Unless the context clearly indicates otherwise, words used in one tense (past, present, or future) include all other tenses.
(2)
The singular number shall include the plural, and vice versa.
(3)
The masculine shall include the feminine, and vice versa.
(4)
The word "person" includes an individual, corporation, company, partnership, or association.
(5)
The word "lot" includes the words "plot" or "parcel."
(6)
The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designated to be used or occupied."
(7)
The word "building" includes the word "structure."
(8)
The words "standards," "regulations," and "requirements" are used to mandate a specific course of action or outcome.
F.
The word "shall" is always mandatory, and the words "may" or "should" are always permissive.
G.
Where a regulation involves two or more items, conditions, provisions, or events that are connected by a conjunction, it shall be interpreted as follows:
(1)
"And" indicates that all connected items, conditions, provisions, or events shall apply; and
(2)
"Or" indicates that at least one of the items, conditions, provisions, or events shall apply.
(3)
"Either . . . or" indicates that all the connected items, conditions, provisions or events shall apply singly but not in combination.
(4)
"/" in this document shall mean and/or.
H.
Section headings are provided for ease of use and organization and shall not be interpreted as regulatory.
I.
In the case of any conflict or inconsistency between two or more provisions of this Code or any other Borough ordinance, law, rule, or regulation, the provision that imposes the greater, higher, or more restrictive requirement or standard of performance shall control.
§ 225-10 How to navigate this Code.
A.
Locate your property and identify the zoning district in which it is located on the Zoning Map in Article II.
B.
Determine whether any generally applicable regulations apply in Articles II, III, or IV.
C.
Determine whether any nonconformities exist and how to address them in Article VI.
D.
Determine whether any approvals are necessary and how to apply for them in Article VII.
§ 225-11 Buildings exempt from regulations.
The regulations of this chapter shall not apply to any existing or proposed building or use or extension thereof, used or to be used by a public utility corporation, if upon petition of the corporation the Public Utility Commission, after a public hearing, decides that the present or proposed situation of the building in question is reasonably necessary for the welfare of the public.
