Homestead City Zoning Code
PART 1
General Provisions
§ 27-101 Statement of purposes.
An ordinance dividing the Borough of Homestead into districts and regulating the use of land and the location, use and density of buildings within these districts; providing for the administration, implementation and enforcement of this chapter; permitting, prohibiting, regulating and determining the uses of land, watercourses and other bodies of water, the size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures, the areas and dimensions of land and bodies of water to be occupied by uses and structures, as well as areas, courts, yards and other open spaces and distances to be left unoccupied by uses and structures; establishing the maximum density and intensity of development; establishing provisions for special exceptions and variances to be administered by a Zoning Hearing Board; and establishing express standards for conditional uses be approved by Borough Council.
§ 27-102 Short title.
This chapter shall be known and may be cited as the "Homestead Zoning Ordinance," and the Zoning District Map shall be known and may be cited as the "Official Zoning Map."
§ 27-103 Severability.
It is hereby declared to be the legislative intent 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 which 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.
2.
The Borough Council hereby declares that it would have passed this chapter and each section or part thereof irrespective of the fact that any one or more sections or parts thereof be declared invalid.
3.
All other Borough ordinances or resolution or parts thereof that were adopted prior to this chapter and are clearly in direct conflict with this chapter are hereby repealed.
§ 27-104 Enactment.
Under the authority conferred by the Pennsylvania Municipalities Planning Code, as amended, the Borough Council of the Borough of Homestead hereby enacts and ordains into a chapter the attached document this date of November 11, 2004. This chapter shall become effective in five calendar days.
§ 27-105 Purposes and objectives.
This Zoning Chapter is hereby adopted in accordance with the requirements and purposes (including § 604 or its successor section, which is included by reference) of the Pennsylvania Municipalities Planning Code,[1] as amended; in accordance with the community development goals and objectives (which are included by reference) of the Borough of Homestead Comprehensive Plan (as may be amended), which constitutes an overall program; in consideration of the character of the Borough, its various parts and the suitability of the various parts for particular uses and structures, and to assist in carrying out the purposes and provisions of the Constitution of the Commonwealth of Pennsylvania (especially Article I, § 27), the Pennsylvania Flood Plain Management Act,[2] Pennsylvania Storm Water Management Act,[3] Pennsylvania DEP regulations on erosion and sedimentation control and other relevant federal and state laws, regulations, official policies and relevant court decisions.
§ 27-106 Community development objectives.
The following Statement of Community Development Objectives identifies short- and long-term land use and development objectives for the Borough and provides a legal basis for the specific provisions of this chapter in agreement with the Borough of Homestead Comprehensive Plan.
1.
Land use goal. Encourage an organized land use pattern in harmony with the existing character and natural constraints of the Borough by providing for a safe, attractive and economically viable community for its residents.
A.
Objectives.
(1)
Preserve the established land use patterns of the Borough by encouraging development and redevelopment of land uses appropriate to the scale and character of the established neighborhoods.
(2)
Promote opportunities for development and redevelopment of diversified economic activities in appropriate areas of the Borough while maintaining the quality of life.
(3)
Protect environmentally sensitive areas and ensure a compatible balance between economic and environmental interests.
(4)
Ensure preservation and encourage adaptive reuse of the Borough's historic structures in a manner conducive to the character of the Borough.
(5)
Identify potential sites for new industry, business, housing, public facilities and recreational uses.
2.
Housing goal. Provide a range of housing types satisfying all housing needs as well as preserving established residential neighborhoods.
A.
Objectives.
(1)
Preserve the existing residential neighborhoods while maintaining public health and safety through the continued physical maintenance and upgrading of housing.
(2)
Continue to ensure the opportunity for a diverse population to obtain satisfactory housing through encouraging the provision of a range of housing types where appropriate.
(3)
Identify potential sites for new housing development for both single-family homes and townhouse developments.
(4)
Identify potential sites for new rental housing developments that fit into existing urban design and fabric of the Borough.
(5)
Encourage infill housing in residential neighborhoods where there are empty lots as a result of demolition.
3.
Local transportation/circulation goal. Ensure a coordinated circulation system which enables the safe and efficient movement of people and goods.
A.
Objectives.
(1)
Improve the local transportation/circulation network by ensuring a safe traffic flow system throughout the Borough.
(2)
Enhance the local transportation/circulation system through accessibility with the regional transportation/circulation system.
(3)
Improve the public transportation system in cooperation with Allegheny County and the region.
(4)
Improve the public parking facilities in the downtown by providing more off-street parking and more efficient use of existing parking spaces.
(5)
Develop a loop public transportation system to the Waterfront Development District and the downtown business district.
4.
Community services/facilities goal. Ensure the provision of an adequate range of services and facilities to accommodate the changing needs of the Borough in an effective manner
A.
Objectives
(1)
Promote the efficient delivery of services ensuring all areas of the Borough are adequately serviced.
(2)
Plan for changes in land use and population changes which require a change in municipal services and their delivery.
(3)
Improve and provide additional opportunities for varied recreational activity serving a diverse population, convenient to the residents.
(4)
Promote the accessibility of all facilities to the handicapped and remove architectural barriers.
(5)
Make necessary improvements to the existing streets, sidewalks and curbing in the Borough.
5.
Economic development goal. Facilitate commercial development to provide employment opportunities for Borough residents and to generate tax revenues.
A.
Objectives.
(1)
Maintain and enhance the Eighth Avenue corridor as a viable commercial district by participating in the Pennsylvania Department of Community and Economic Development (DCED) Main Street Program and thereby market the district to attract new businesses and jobs.
(2)
Ensure that there is a sufficient supply of properly zoned land for commercial and industrial development
(3)
Integrate the Eighth Avenue business district with the waterfront via visual, physical, transportation, aesthetic and other links.
(4)
Encourage commercial investment via complementary public facilities improvement.
6.
Administration and enforcement goal. Ensure that the adoption and administration of the Comprehensive Plan is undertaken by the Borough in a timely and professional manner.
§ 27-107 Application of regulations.
1.
Uniformity of regulations and exceptions. The regulations established by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except that additional classifications may be made within any district for the purposes of: making transitional provisions at or near the boundaries of districts; regulating nonconforming uses and structures; regulating, restricting or prohibiting uses and structures at or near major thoroughfares, their intersections and interchanges, natural or artificial bodies of water; places of relatively steep slope or grade; public buildings and grounds; places having unique historical or patriotic value or interest; floodplain areas and other places having a special character or use affecting or affected by their surroundings. Among several classes of zoning districts, the provisions for permitted uses may be mutually exclusive, in whole or in part.
2.
Compliance. No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all applicable provisions of this chapter. No changes shall be made in the contour of the land; no grading, excavation, removal or destruction of topsoil, trees or other vegetative cover of land shall be commenced until the zoning certificate has been issued in compliance with the terms of this chapter.
3.
Preservation of other regulations. Regardless of any other provision of this chapter, no land shall be used and no structure erected, demolished or maintained in violation of any federal, state or county law or regulation.
4.
Pending building permits. Nothing in this chapter shall require any change in construction or use of any structure for which a building permit was lawfully issued prior to the effective date of this chapter, or any amendment thereto, provided that construction has begun or a contract or contracts have been let pursuant to the permit issued prior to the effective date of this chapter. However, any building permit which was issued subsequent to the first public hearing on this chapter but prior to the chapter's effective date shall be declared void at the time of adoption of this chapter, if the structure or use does not conform to the provisions of this chapter and if no substantial construction has begun or contract(s) let.
§ 27-108 Interpretation.
1.
Wherever the regulations within this chapter are at variance with other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, those which impose the most restrictive requirements shall govern.
2.
No structure or use which was not lawfully existing at the time of the adoption of this chapter shall become or be made lawful solely by reason of the adoption of this chapter; and to the extent that said unlawful structure or use is in conflict with the requirements of this chapter, said structure remains unlawful hereunder.