Erie City Zoning Code
ARTICLE 1
General Provisions
§ 101 Title.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
The official title of this Ordinance is "Zoning Ordinance, City of Erie, Pennsylvania."
§ 102 Effective date.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
This Ordinance shall become effective 20 days after final passage and approval by the Mayor.
§ 103 Compliance.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
No structure shall be located, erected, constructed, reconstructed, moved, 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 Ordinance and after the lawful issuance of all permits and certificates required by this Ordinance. Terms shall generally be interpreted as follows: the present tense shall include the future, singular number shall include the plural and the plural the singular. The word "shall" is always mandatory and the word "may" is permissive. The masculine shall include the feminine. The word "sale" includes "rental."
§ 104 Severability.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
The provisions of this Ordinance shall be severable, and, if any of its provisions shall be unconstitutional, the decision so holding shall not be construed to affect the validity of any of the remaining provisions of this Ordinance. It is hereby declared as the legislative intent that this Ordinance would have been adopted had such unconstitutional provisions not been included therein.
§ 105 Repeal.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
That all ordinances or part thereof conflicting herewith be and the same are hereby repealed.
§ 106 Authority.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
This Ordinance is adopted pursuant to the powers granted to the City by Section 601 of the Pennsylvania Municipalities Planning Code.[1] In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals and/or general welfare. Wherever the requirements of this Zoning Ordinance are at variance with the requirements of any lawfully adopted rules, regulations or ordinances applicable to the City or with one another, the more restrictive upon uses, structures or other development, or that imposing the higher standards, shall be controlling.
[1]
Editor's Note: See 53 P.S. § 10601.
§ 107 Purpose and provisions.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
The purposes and provisions of this Ordinance are those as set forth by Sections 603, 603.1, and 604 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10603, 10603.1 and 10604.
§ 108 Statement of community development objectives.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
This statement sets forth the policy goals of this Ordinance:
108.1.
To set aside land for residential, commercial, manufacturing and waterfront uses in Erie City along with appropriate transitional districts so developed land in Erie can exist in a compatible and harmonious way.
108.2.
To acknowledge the important roles that colleges, universities, hospitals and similar institutions play in Erie's overall well-being and to reasonably accommodate such uses.
108.3.
To preserve, protect and improve residential neighborhoods.
108.4.
To provide land for manufacturing development and to protect manufacturing areas.
108.5.
To provide land for commercial development and to protect commercial areas.
108.6.
To protect valuable transportation resources and corridors.
108.7.
To support and promote the City's urban renewal and redevelopment programs.
108.8.
To support housing for Erie's citizens who are mentally or physically handicapped.
108.9.
To require a high quality of development in Erie City. Though this Ordinance makes every effort to accommodate a great variety of uses and development, it insists that any development adhere to this and other ordinances of the City which set forth standards to assure quality development.
108.10.
To provide for the recognition and protection of historic areas within the City of Erie.
108.11.
To promote the constant renewal of Erie City without encouraging incompatible land uses.
108.12.
To welcome and encourage both development and redevelopment within the City of Erie.
§ 109 Fees.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
Fees are determined by resolution of City Council.