Green Tree City Zoning Code
ARTICLE I
General
§ 420-1 Grant of power.
A.
Pursuant to the Authority granted by the Commonwealth of Pennsylvania in the Pennsylvania Municipalities Planning Code (MPC), Act of 1968, P.L. 805, No. 247 as reenacted and amended,[1] the Green Tree Borough Council, Allegheny County, Pennsylvania, does hereby adopt, ordain, and enact this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The provisions of this chapter shall apply to all zoning districts, lots, structures, land developments and subdivisions within the municipal boundaries of Green Tree Borough, Allegheny County, Pennsylvania.
§ 420-2 Long title.
A municipal Zoning Code regulating the location, height, bulk, erection, construction, alteration, razing, removal, and size of structures; the percentage of lot which may be occupied; the size of yards, courts, and other open spaces; the density and distribution of population; the intensity of use of land or bodies of water for trade, industry, residence, recreation, public activities, or other purposes; and the uses of land for agriculture, water supply, conservation, or other purposes, in all portions of Green Tree Borough.
§ 420-3 Short title.
This chapter shall be known as the "Zoning Code." The map mentioned in this chapter shall be known as the "Official Zoning District Map."
§ 420-4 Purpose.
A.
This chapter is enacted pursuant to the Green Tree Borough Comprehensive Plan with due consideration to the character of the municipality, its various parts, and the suitability of the various parts for particular uses and structures, for the following purposes:
(1)
To realize the vision of the Green Tree Borough Comprehensive Plan;
(2)
To promote the health, safety, morals and general welfare of the people of Green Tree Borough;
(3)
To protect the character and stability of residential, commercial, industrial, recreational, and open space areas; and
(4)
To allow for the orderly and beneficial development of Green Tree Borough.
§ 420-5 Community development objectives.
A.
This chapter is enacted to promote an orderly plan of development according to the goals, objectives, and recommendations of the Green Tree Borough Comprehensive Plan. The Comprehensive Plan includes data on existing conditions with reasonable consideration given to the existing character of the various areas within the municipality and their respective suitability to particular land uses.
B.
Specifically, it seeks to achieve the following community development goals and objectives:
(1)
Maintain the high quality of life and municipal services, including but not limited to police, fire, emergency medical services (EMS), and public works.
(2)
Improve the ability of the Green Tree Borough to support existing businesses and industry as well as attract new investment opportunities.
(3)
Increase communication and partnerships between the Green Tree Borough, the school district, residents, and other key stakeholders.
(4)
Revitalize the Greentree Road corridor to address aesthetics, setbacks, parking, mobility, and safety.
(5)
Provide a diverse mix of housing options that will appeal to young professionals, families, and older residents.
(6)
Promote sound land use planning through the protection of open space and the enhancement of natural and recreational assets.
(7)
Ensure that all municipal zoning codes are consistent and compatible with the desired future growth and development patterns.
(8)
Improve mobility to, from, and within Green Tree Borough by focusing on major transportation routes, such as Greentree Road and Interstate 376, as well as pedestrian circulation and connections.
§ 420-6 Conformance required.
A.
Following the effective date of this chapter, no building or land shall be used or occupied, no building or part thereof shall be erected, moved or altered and no site excavation shall take place unless in conformity with the regulations specified for the zoning district in which it is located or special regulations that may be applicable to the site.
C.
In all districts, after the effective date of this chapter, 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, provided such use was otherwise in conformity with the prior Zoning Code.
D.
Following the effective date of this chapter, no building shall hereafter be erected or altered to exceed the height, accommodate a greater number of families, occupy a greater percentage of lot area or have narrower or smaller rear yard, front yard or side yards than are specified herein for the zoning district in which such building is located.
E.
No part of a yard or other open space required by any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
§ 420-7 Uses for which no provision is made.
A.
Whenever, under this chapter, a use is neither specifically permitted nor denied, and an application is made by an applicant to the Zoning Officer for such a use, the Zoning Officer shall refer the application to Green Tree Borough Council to hear and decide such a request as a conditional use. Green Tree Borough Council shall have the authority to permit the use or deny the use in accordance with the standards governing conditional use applications set forth in § 420-171 of this chapter. In addition, the use may only be permitted if:
(1)
It is similar to and compatible with the other uses permitted in the zone where the subject property is located;
(2)
It is not permitted in any other zone under the terms of this chapter;
(3)
It in no way is in conflict with the general purposes of this chapter. The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and would not be detrimental to the health, safety and welfare of the neighborhood where it is to be located.
§ 420-8 Interpretation.
A.
In interpreting the language of this chapter 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 Green Tree Borough Council, in favor of the property owner and against any implied extension of the restriction. (MPC Section 603.1)[1]
[1]
Editor's Note: See 53 P.S. § 10603.1.
B.
The interpretation and application of the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.
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.
§ 420-9 Severability.
A.
It is hereby declared to be the intent of the Green Tree Borough Council that:
(1)
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, as it is the intent of Green Tree Borough Council that this chapter would have been adopted as if such invalid or illegal provision had not been part of the adopted chapter.
(2)
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, as it is the intent of Green Tree Borough Council that this chapter would have been adopted as if such invalid or illegal provision had not been part of the adopted chapter.
§ 420-10 Repealer.
A.
Any resolution or ordinance, or any part of any resolution or ordinance, in conflict with the provisions of this chapter are hereby repealed to the extent of such conflict.
§ 420-11 Effective date.
This chapter shall take effect immediately upon enactment by the Green Tree Borough Council on the first day of June, 2020, and shall thereafter be known as the "Zoning Code of the Borough of Green Tree."