Derry City Zoning Code
ARTICLE I
General Provisions
§ 425-1 Enactment. [1]
The Borough Council of the Borough of Derry hereby adopts and enacts the regulations, zoning districts and map, administrative structures, and administrative procedures that constitute this Zoning Ordinance. From and after the approval of this chapter, the districts herein shall be established, and the following regulations shall be in full force and effect.
[1]
Editor's Note: Attachment 1, providing a guide to this ordinance and a guide to determining property regulations, is included at the end of this chapter.
§ 425-2 Short title.
This chapter shall be known and may be cited as "Borough of Derry Zoning Ordinance."
§ 425-3 Purpose.
This chapter is adopted by the virtue of the authority contained in the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended.[1]
A.
The zoning regulations and zones set forth in this chapter are made in accordance with the Comprehensive Plan for the Borough of Derry for the general welfare of the municipality and are intended to achieve, among others, the following purpose, regulating both existing and proposed land uses, thereby:
(1)
Encouraging the most appropriate use of land;
(2)
Preventing the overcrowding of land;
(3)
Stabilizing and conserving the value of land and buildings;
(4)
Facilitating development of good quality;
(5)
Spurring reinvestment in the existing building stock;
(6)
Lessening the congestion of traffic on the roads;
(7)
Avoiding undue congestion of population;
(8)
Providing for adequate light and air;
(9)
Securing safety from fire, flood, and other dangers;
(10)
Facilitating the adequate provision for transportation, water supply, sewage disposal, drainage, schools, parks, and other public facilities;
(11)
Giving reasonable consideration, among other things, to the character of zones and their peculiar suitability for particular uses;
(12)
Maintain and strengthen the Borough's neighborhoods;
(13)
Ensure predictability and consistency in the land development process for neighborhood, business and development interests; and
(14)
Giving effect to the policies and proposals of the Comprehensive Plan, as amended and as approved by the Derry Borough Planning Commission and adopted by the Council of the Borough of Derry.
B.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals, and general welfare.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 425-4 Community objectives.
This chapter implements, with general consistency, the community goals and objectives as described in the Borough's Comprehensive Plan, as amended.
§ 425-5 Word usage; interpretation.
For the purposes of this chapter, words shall be interpreted as follows unless noted otherwise:
A.
Words that are defined in Article VIII, Terminology, shall be interpreted as they are defined there.
B.
Undefined terms must be given their usual and ordinary meaning within the Borough or an authoritative source.
C.
Words used in the present tense include the future tense. The singular includes the plural.
D.
The word "person" refers to firms, associations, organizations, trusts, partnerships, companies, corporations, and individual persons.
E.
The word "shall" is mandatory.
F.
The word "may" is permissive.
G.
The word "lot" is a synonym of "plot," "piece," and "parcel."
H.
The words "used" and "occupied" as applied to any lot or building shall be construed to include the words "intended, arranged, maintained, and/or designed to be used or occupied."
I.
The word "day" shall be interpreted as being a full calendar day.
J.
When the meaning of a regulation as it applies to a given property is not clear, it shall be interpreted in favor of that property and against any implied extension of the regulation.
K.
The masculine shall include the feminine.
§ 425-6 Conflict with other provisions; severability.
Where a provision of this chapter conflicts with a provision of another ordinance, state law, or federal law, the stricter of the two shall apply. Where the applicable provision of this chapter is the less strict of the two, it shall not apply. However, the remainder of this chapter shall remain in full force and effect.
§ 425-7 Conflict with floodplain regulations.
A.
All structures and plans for structures within the Borough's floodplain or any subsequent revisions thereof are subject to the floodplain regulations enacted by Chapter 205, Floodplain Management. Furthermore, all structures and plans for structures within the Borough's floodplain as defined by any relevant federal and state legislation shall be subject to the floodplain regulations imposed by that legislation. Where any such ordinance or law imposes stricter regulations than the relevant parts of this chapter do, those parts of this chapter shall be null and void.
B.
Furthermore, where the provisions of any such ordinance or law contradict the provisions of this chapter, the stricter of the two shall apply. In both instances, the parts of this chapter that are not relevant to the provisions of the other law or ordinance shall remain in effect.
§ 425-8 Suspension of regulations during local emergencies.
A.
The Derry Borough Council may temporarily waive some of the regulations of this chapter during a declared local emergency. Any structure suitable for a housing facility in the case of emergency, necessity, or disaster may be used for temporary housing or shelter in order to alleviate undue hardship that may be incurred by the above conditions, and that such use of temporary housing shall not exceed a period of more than 90 days from the date of same. If, for any of the above reasons, the Borough Council finds that the ninety-day period is not sufficient, then the emergency regulations may be extended for additional ninety-day period.
B.
During the period of enforcement of this regulation, all other regulations regarding limitations to the use of premises for residential reuse are suspended until the termination of the emergency provided for herein. Uses established during these situations do not gain vested rights or legal nonconforming status as a result.
§ 425-9 Parcels that consist of more than one principal use.
For the purposes of this chapter, parcels that may consist of more than one principal use are permitted only in the Commercial and General Industrial G-I District (provided that all other regulations, including but not limited to building setbacks and open spaces for the zoning district, are met) and the owner of the parcel must retain ownership of any and all structures constructed thereon.