Edinboro City Zoning Code
PART 1
GENERAL PROVISIONS
§ 27-101 Title.
[Ord. 457, 1/31/1994, § 101]
The official title of this chapter shall be the "Zoning Ordinance of the Borough of Edinboro."
§ 27-102 Effective Date.
[Ord. 457, 1/31/1994, § 102]
This chapter shall take effect on January 31, 1994.
§ 27-103 Purpose and Authority.
[Ord. 457, 1/31/1994, § 103]
1.
This chapter is adopted by virtue of the authority granted to the Borough under Article VI of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. § 10601 et seq. The provisions of this chapter are designed:
A.
To promote, protect and facilitate one or more of the following: the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, disaster evacuation, airports and national defense facilities, the provision of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewage, schools, public grounds and other public requirements; as well as:
B.
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.
C.
To be in accordance with an overall program and with consideration for the character of the municipality, its various parts and suitability of the various parts for particular uses and structures.
§ 27-104 Community Development Objectives.
[Ord. 457, 1/31/1994, § 104]
1.
The zoning regulations and districts set forth in this chapter are made in accordance with a comprehensive plan for the general welfare of the Borough and are intended to achieve, among others, the following purposes:
A.
Strive to maintain the existing small-town character and rural environment.
B.
Minimize conflicts between land uses to insure land use compatibility.
C.
Seek to establish compatible land uses between the Borough and Washington Township.
D.
Focus commercial development in the central business district to promote small-town atmosphere and establish a cohesive business community.
E.
Carefully plan for and regulate the use of remaining open space to promote the small-town/rural environment character.
F.
Create a zoning district specifically to accommodate and enhance the development of Edinboro University consistent with the planning goals of the Borough.
G.
Create a zone to accommodate limited business uses while retaining the existing residential character of the district.
H.
Control recreational uses on certain areas of Borough-owned property near Edinboro Lake. The purpose of such regulations is to exclude uses that would be detrimental to this area.
2.
These are made with reasonable consideration of, among other things, the existing character of the various areas within the Borough and their respective suitability for particular uses.
§ 27-105 Compliance.
[Ord. 457, 1/31/1994, § 105]
No structure shall be located, erected, demolished, constructed, moved, altered externally, 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 chapter, and after the lawful issuance of all permits and certifications required by this chapter. Except that, the Borough of Edinboro will be exempt from the provisions of this chapter in the exercise of its municipal functions. Any use not specifically permitted is prohibited.
§ 27-106 Interpretation of Regulations.
[Ord. 457, 1/31/1994, § 106]
Whenever the provisions of this chapter are at variance with any other lawfully adopted rules, regulations or ordinances, the more restrictive requirements shall govern.
§ 27-107 Severability.
[Ord. 457, 1/31/1994, § 107]
Should any section or provision of this chapter of this chapter be declared unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole nor the validity of any other section or provision of the chapter than the one declared.
§ 27-108 Repeal.
[Ord. 457, 1/31/1994, § 108]
Any resolution or ordinance, or any part of any resolution or ordinance conflicting with provisions of this chapter is hereby repealed to the extent of such conflict.
§ 27-109 Proposed Use.
[Ord. 457, 1/31/1994, § 109; as amended by Ord. 482, 3/23/1998, § 1]
Where any use is not specifically mentioned within any district, it shall be the duty of the Zoning Officer to determine if the use is substantially and practically identical to the listed use. If the proposed use is not substantially and practically identical to a previously identical zoning use, the Zoning Officer shall not issue a permit. In such a case, the applicant may either request an amendment to the ordinance, or appeal the decision of the Zoning Officer as the same are set forth by the Pennsylvania Municipalities Planning, 53 P.S. § 10101 et seq. In considering the amendment, the Borough shall consider alternative districts for such a use and any necessary special exception or conditional use criteria.