Zoneomics Logo
search icon

Johnstown City Zoning Code

TITLE TWO

Planning Code

CHAPTER 1225 Comprehensive Recreation, Park and Open Space Plan

EDITOR'S NOTE: Resolution 8431, passed March 12, 1997, adopted a Comprehensive Recreation, Park and Open Space Plan for the City. Copies of this resolution and of the Plan may be obtained, at cost, from the City Clerk.
There are no sections in Chapter 1225. This chapter has been established to provide a place for cross references and any future legislation.
   CROSS REFERENCES
   Comprehensive Plan - see Penna. Mun. Plan. Code, Art. III; P. & Z. Ch. 1224
   Application of Comprehensive Plan to residential development - see P. & Z. Ch. 1260
   Parks, public property and public facilities - see S.U. & P.S. Ch. 1062
   Johnstown Municipal Golf Courses - see S.U. & P.S. Ch. 1064

CHAPTER 1232 Planned Residential Development (Repealed)

   EDITOR'S NOTE: Chapter 1232 was repealed by implication by Ordinance 5086, passed June 22, 2011. For provisions regarding Planned Residential Development see Ch. 1260.

1220.01 SHORT TITLE.

   This Title Two of Part Twelve - the Planning and Zoning Code shall be known and may be cited as the "Johnstown Planning Code."
(Ord. 3914. Passed 11-30-71.)

1220.02 INTENT, PURPOSE AND SCOPE.

   It is the intent, purpose and scope of this Planning Code to protect and promote safety, health and morals; to accomplish a coordinated development of the City; to provide for the general welfare by guiding and protecting amenity, convenience, future governmental, economic, practical, social and cultural facilities, development and growth, as well as the improvement of governmental processes and functions; to guide uses of land and structures and the types and locations of streets, public grounds and other facilities; and to permit the City to minimize public problems as may presently exist or which may be foreseen. It is the further intent of this Planning Code that any recommendation made by the Planning Commission to Council shall be advisory only.
(Ord. 3914. Passed 11-30-71.)

1220.03 APPROPRIATIONS, GIFTS, GRANTS AND BEQUESTS.

   Council reserves the right to make such appropriations as it sees fit, to accept gifts, grants and bequests from public or private sources for the purpose of carrying out the powers and duties conferred by this Planning Code, and to enter into agreements regarding the acceptance or utilization of such gifts, grants and bequests.
(Ord. 3914. Passed 11-30-71.)

1220.04 DEFINITIONS.

   As used in this Planning and Zoning Code, except where otherwise defined or where the context otherwise clearly indicates:
   (a)   "Applicant" means a landowner or developer who has filed an application for development, including his or her heirs, successors and assigns.
   (b)   "Application for development" means every application, whether preliminary or final, required to be filed and approved prior to the start of construction or development, including, but not limited to, an application for a building permit, for the approval of a subdivision plan or plat or for the approval of a development plan.
(Ord. 4398. Passed 9-10-86.)
   (c)   "Appointing authority" means the City Manager.
(Ord. 4672. Passed 7-13-94.)
   (d)   "Common open space" means a parcel of land or an area of water, or a combination of land and water, within a development site and designed and intended for the use or enjoyment of residents of a planned residential development, not including streets, off-street parking areas and areas set aside for public facilities.
   (e)   "Developer" means any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development.
   (f)   "Development plan" means the provisions for development of a planned residential development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. "Provisions of the development plan," when used in this Planning and Zoning Code, means the written and graphic materials referred to in this subsection.
   (g)   "Engineer" means a professional engineer licensed as such in the Commonwealth and duly appointed as the engineer for the City and/or the Planning Commission.
   (h)   "Land development" means:
      (1)   The improvement of one or more contiguous lots, tracts or parcels of land for any purpose involving a group of two or more buildings, or the division or allocation of land or space between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features; or
      (2)   A subdivision of land.
   (i)   "Landowner" means the legal or beneficial owner of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he or she is authorized under the lease to exercise the rights of the landowner, or any other person having a proprietary interest in land.
   (j)   "Mobile home" means a transportable, single-family dwelling intended for permanent occupancy, an office or a place of assembly contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and which is constructed so that it may be used without a permanent foundation.
   (k)   "Mobile home lot" means a parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
   (l)   "Mobile home park" means a parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use and which consists of two or more mobile home lots.
   (m)   "Nonconforming use" means a use, whether of land or of a structure, which does not comply with the applicable use provisions in the Zoning Code or in any amendment thereof heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of the Zoning Code (Ordinance 3590, passed January 6, 1964) or such amendment or prior to the application of such Zoning Code or amendment to its location by reason of annexation.
   (n)   "Nonconforming structure" means a structure or part of a structure manifestly not designed to comply with the applicable use provisions in the Zoning Code or in any amendment thereof heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of the Zoning Code (Ordinance 3590, passed January 6, 1964) or such amendment or prior to the application of such Zoning Code or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
   (o)   "Planned residential development" means an area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district established in the Zoning Code.
   (p)   "Planning agency" means the Planning Commission of the City.
   (q)   "Plat" means the map or plan of a subdivision or land development, whether preliminary or final.
   (r)   "Public grounds" includes:
      (1)   Parks, playgrounds and other public areas; and
      (2)   Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
   (s)   "Public notice" means notice published once every week for two successive weeks in a newspaper of general circulation in the City. Public notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than thirty days nor less than fourteen days from the date of the hearing.
   (t)   "Street" includes streets, avenues, boulevards, roads, highways, freeways, parkways, lanes, alleys, viaducts and any other way used or intended to be used by vehicular traffic or pedestrians, whether public or private.
   (u)   "Structure" means any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
   (f)   "Subdivision" means the division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development. However, the division of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access, shall be exempted.
   (g)   "Workable program" means the City plan of action, including a statement as to where the City stands to date and what it will strive to do to remove slums and blight, block their return and achieve orderly community growth, utilizing appropriate private and public resources to eliminate and prevent the development or spread of urban blight.
(Ord. 4398. Passed 9-10-86.)

1222.01 ESTABLISHMENT.

   There is hereby established in and for the City a Planning Commission to enforce this Planning Code.
(Ord. 3914. Passed 11-30-71.)

1222.02 COMPOSITION; COMPENSATION.

   The Planning Commission shall consist of nine members who shall serve without compensation, but who may be reimbursed for necessary and reasonable expenses. However, elected or appointed officers or employees of the City shall not, by reason of membership thereon, forfeit the right to exercise the powers, perform the duties or receive the compensation of the Municipal offices held by them during such membership.
(Ord. 3914. Passed 11-30-71.)

1222.03 APPOINTMENTS; TERMS OF OFFICE; VACANCIES.

   Members of the Planning Commission shall be appointed by a majority of Council. The term for each member of the Commission shall be for four years or until his or her successor is appointed and qualified, except that the terms of the members first appointed pursuant to this chapter shall be so fixed that not more than three shall be reappointed or replaced. The Chairperson of the Commission shall promptly notify the Council concerning vacancies on the Commission and such vacancies shall be filled for the unexpired term.
(Ord. 4672. Passed 7-13-94.)

1222.04 EXISTING MEMBERS RETAINED.

   Members of the existing Planning Commission and Zoning Hearing Board, established under former ordinances, shall continue in office until the end of the terms for which they are appointed. Their successors shall be appointed as provided by this chapter. If a vacancy occurs, otherwise than by expiration of term, it shall be filled by appointment for the unexpired term according to the provisions of this chapter.
(Ord. 3914. Passed 11-30-71.)

1222.05 RESIDENCY REQUIREMENT; OFFICER AND EMPLOYEE MEMBERS.

   Members of the Planning Commission shall be residents of the City. Not more than three officers or employees of the City shall be permitted to be appointed to the Commission.
(Ord. 3914. Passed 11-30-71.)

1222.06 REMOVAL FROM OFFICE.

   Any member of the Planning Commission once qualified and appointed may be removed from office for malfeasance, misfeasance or nonfeasance in office or for any just cause by a majority vote of Council after the member has received fifteen days advance notice of the intent to take such vote. A hearing shall be held with the vote if the member requests it in writing. Any appointment to fill a vacancy created by virtue of this section shall be only for the unexpired term.
(Ord. 3914. Passed 11-30-71.)

1222.07 ORGANIZATION; REPORTS; MEETINGS.

   (a)   The Planning Commission shall elect its own Chairperson and Vice-Chairperson and create and fill such other offices as may be determined. Officers shall serve annual terms and may succeed themselves. The Commission may make and alter bylaws, rules and regulations to govern its procedures consistent with the ordinances of the Municipality and the laws of the Commonwealth. The Commission shall keep a full record of its business, shall make a written report to Council at least monthly and shall, annually, by March 1 of each year, make a written report to Council of its activities for the preceding year.
(Ord. 3914. Passed 11-30-71.)
   (b)   All meetings at which action is to be taken or recommended shall be public meetings as defined by the Open Meeting Act or Sunshine Law. Further, all actions shall be taken by a call of the roll with the vote of each member duly recorded and made a part of the official minutes of such meeting.
(Ord. 4192. Passed 5-28-80.)

1222.08 QUALIFIED PLANNER.

   For the administration of the Planning Commission, the City Manager may appoint a Qualified Planner, with the approval of Council, who shall be, in the opinion of the City Manager, qualified for the duties of his or her position. The Qualified Planner shall be in charge of the administration of the Commission and shall exercise the powers granted to the Commission, and be subject to the duties imposed upon the Commission, by this Planning Code.

1222.09 POWERS AND DUTIES.

   (a)   The Planning Commission shall:
      (1)   Maintain and amend the Comprehensive Plan for the development of the City as set forth in this Planning Code and present such changes or amendments of the Comprehensive Plan for the consideration of Council;
      (2)   Maintain and keep on file records of its actions. All records and files of the Commission shall be in the possession of Council;
      (3)   Maintain, amend, change, alter, prepare and present for consideration to Council an Official Map for the City as set forth in this Planning Code;
      (4)   Maintain, amend, change, alter, prepare and present for consideration to Council the Zoning Code and make recommendations to Council as set forth in this Planning Code;
      (5)   Prepare and administer subdivision and land development regulations as set forth in this Planning Code;
      (6)   Prepare and administer planned residential development regulations as set forth in this Planning Code;
      (7)   Maintain, amend, change, alter, prepare and present for consideration to Council the BOCA Basic/National Building Code and make recommendations to Council on amendments, changes and alterations pertaining to such Code;
      (8)   Maintain, amend, change, alter, prepare and present for consideration to Council the Housing Code and make recommendations to Council on amendments, changes and alterations pertaining to the Housing Code;
      (9)   Submit to Council a recommended capital improvement program;
      (10)   Promote public interest in and understanding of the Comprehensive Plan, the workable program and other planning;
      (11)   Make recommendations to governmental, civic and private agencies and individuals as to the effectiveness of the proposals of such agencies and individuals;
      (12)   Maintain, amend, change, alter and prepare the plan of action on the workable program and make recommendations to Council on proposed amendments, alterations and changes;
      (13)   Hold public hearings and meetings;
      (14)   Require from other departments and agencies of the Municipality such available information as relates to the work of the Commission;
      (15)   In the performance of its duties, enter upon any land to make examinations and surveys, either after permission has been obtained from the owner or after public notice;
      (16)   Prepare and present to Council an environmental study; and
      (17)   Do such other acts or make such other studies as may be necessary to fulfill the duties and obligations imposed by this Planning Code.
   (b)   Any act or recommendation of the Commission, in the performance of its powers and duties, which involves engineering consideration, shall be subject to the approval of the City Engineer.
(Ord. 4398. Passed 9-10-86.)

1222.10 ADMINISTRATIVE AND TECHNICAL ASSISTANCE.

   Council may employ administrative and technical services to aid in carrying out this Planning Code, either as consultants on particular matters or as regular employees of the Municipality.
(Ord. 3914. Passed 11-30-71.)

1222.11 COUNTY AND FEDERAL ASSISTANCE.

   The Planning Commission may, with the consent of Council, accept and utilize any funds, personnel or other assistance made available by the County, the Commonwealth or the Federal Government or any of its agencies or from private sources. Council may enter into agreements or contracts regarding the acceptance or utilization of funds or assistance in accordance with the governmental procedures of the Municipality.
(Ord. 3914. Passed 11-30-71.)

1224.01 PREPARATION BY PLANNING COMMISSION.

   The Planning Commission shall maintain, amend, alter or change the Comprehensive Plan for the development of the City. The Comprehensive Plan consists of maps, charts and textual matter which shall indicate the recommendations of the Commission for the continuing development of the City. The Comprehensive Plan shall include, but need not be limited to, the following rated basic elements:
   (a)   A statement of objectives of the Municipality concerning its future development;
   (b)   A plan for land use, which may include the amount, intensity and character of land use proposed for residence, industry, business, agriculture, major traffic and transit facilities, public grounds, flood plains and other areas of special hazards and other similar uses;
   (c)   A plan for the movement of people and goods, which may include expressways, highways, local street systems, parking facilities, mass transit routes, terminals, airfields, port facilities, railroad facilities and other similar facilities or uses;
   (d)   A plan for community facilities and utilities, which may include public and private education, recreation, Municipal buildings, libraries, water supply, sewage disposal, refuse disposal, storm drainage, hospitals and other similar uses; and
   (e)   A map or statement indicating the relationship of the City and its proposed development to adjacent municipalities and areas.
   In preparing the Comprehensive Plan, the Commission shall make careful surveys and studies of existing conditions and prospects for future growth in the City.
(Ord. 3914. Passed 11-30-71.)

1224.02 ADOPTION BY COUNCIL.

   Council shall have the power to adopt and amend the Comprehensive Plan in whole or in part. Before adopting or amending the Comprehensive Plan or any part thereof, there shall be at least one public hearing pursuant to public notice. The adoption of the Comprehensive Plan or any part thereof, or any amendment thereto, shall be by resolution carried by the affirmative vote of not less than the majority of all the members of Council. The resolution shall refer to the maps, charts, textual matter and other matters intended to form the whole or part of the Plan, and the action shall be recorded on the adopted plan or part thereof.
(Ord. 3914. Passed 11-30-71.)

1224.03 LEGAL STATUS OF PLAN WITHIN CITY.

   (a)   Following the adoption of the Comprehensive Plan, or any part thereof, by Council, pursuant to public notice, any subsequent proposed action of Council shall be submitted to the Planning Commission for its recommendations when the proposed action relates to:
      (1)   The location, opening, vacation, extension, widening, narrowing or enlargement of any street, public ground, pierhead or watercourse;
      (2)   The location, erection, demolition, removal or sale of any public structure located within the Municipality; or
      (3)   The adoption, amendment or repeal of an Official Map, subdivision and land development ordinance, zoning ordinance or planned residential development ordinance.
   (b)   The recommendations of the Planning Commission, including a specific statement as to whether or not the proposed action is in accordance with the intent of the formally adopted Comprehensive Plan, shall be made in writing to Council within thirty days.
(Ord. 4398. Passed 9-10-86.)

1224.04 LEGAL STATUS OF PLAN WITHIN CITY SCHOOL DISTRICT.

   Following the adoption of the Comprehensive Plan, or any part thereof, by Council, pursuant to public notice, any proposed action of the School District located within the City relating to the location, demolition, removal or sale of any School District structure or land shall be submitted to the Planning Commission for its recommendation at least thirty days prior to the execution of such proposed action by the School District.
(Ord. 4398. Passed 9-10-86.)

1224.05 COUNTY COMPREHENSIVE PLAN.

   The City will give the Comprehensive Plan of the City to the County Planning Commission in exchange for the County Comprehensive Plan, so that the other may consider the objectives of each Plan and protect its Plan to the greatest extent possible.
(Ord. 3914. Passed 11-30-71.)

1224.06 APPLICATION TO OTHER COMPREHENSIVE PLANS.

   Existing comprehensive plans included in this chapter shall not be construed to repeal or revoke the Comprehensive Plan in existence at the time of the final adoption of this Planning Code (Ordinance 3914, passed November 30, 1971), nor shall anything contained in this chapter be construed to alter, change or amend the Comprehensive Plan which is in existence at the time of such final adoption.
(Ord. 3914. Passed 11-30-71.)

1226.01 SURVEYS OF STREETS, WATERCOURSES AND PUBLIC GROUNDS AS OFFICIAL MAP.

   Council shall cause to be made surveys of the exact locations of the lines of existing and proposed public streets, watercourses and public grounds, including widenings, narrowings, extensions, diminutions, openings or closings of the same, for the whole of the City, and such surveys shall be the Official Map of the City. Council, by amending existing ordinances, may make additions to or modifications of the Official Map or parts thereof by adopting surveys of the exact location of the line of a public street, watercourse or public ground to be so added or modified and may also vacate any existing or proposed public street, watercourse or public ground contained in the Official Map or part thereof.
(Ord. 3914. Passed 11-30-71.)

1226.02 RECOMMENDATIONS OF PLANNING COMMISSION AND PUBLIC HEARING PRIOR TO ADOPTION.

   Prior to the adoption of any survey of existing or proposed public streets, watercourses and public grounds as the Official Map or part thereof, or any amendment to the Official Map, Council shall refer such survey and amendment to the Planning Commission for review. The Commission shall report its recommendations on such proposed Official Map, part thereof or amendment thereto within forty days, unless an extension of time is agreed to by Council. Before voting on the enactment of the proposed Official Map, part thereof or amendment thereto, Council shall hold a public hearing thereon after giving public notice of such hearing.
(Ord. 4398. Passed 9-10-86.)

1226.03 EFFECT OF APPROVED PLATS ON OFFICIAL MAP.

   After the adoption of the Official Map or part thereof, all streets, watercourses and public grounds on final, recorded plats which have been approved as provided by this Planning Code shall be deemed amendments to the Official Map. Notwithstanding any of the other terms of this Planning Code, no public hearing need be held or notice given if the amendment to the Official Map is the result of the addition of a plat which has been approved as provided by this Planning Code.
(Ord. 3914. Passed 11-30-71.)

1226.04 EFFECT OF ADOPTION OF MAPPED STREETS, WATERCOURSES AND PUBLIC GROUNDS ON OFFICIAL MAP.

   The adoption of any street or street line as part of the Official Map shall not, in and of itself, constitute or be deemed to constitute the opening or establishment of any street, nor the taking or acceptance of any land for street purposes, nor shall it obligate the City to improve or maintain any such street. The adoption of proposed watercourses or public grounds as part of the Official Map shall not, in and of itself, constitute or be deemed to constitute a taking or acceptance of any land by the City.
(Ord. 3914. Passed 11-30-71.)

1226.05 BUILDINGS IN MAPPED STREETS, WATERCOURSES AND PUBLIC GROUNDS.

   For the purpose of preserving the integrity of the Official Map of the City, no permit shall be issued for any building within the lines of any street, watercourse or public ground shown or laid out on the Official Map. No person shall recover any damages for the taking for public use of any building or improvement constructed within the lines of any street, watercourse or public ground after the same has been included in the Official Map, and any such building or improvement shall be removed at the expense of the owner. However, when the property of which the reserved location forms a part cannot yield a reasonable return to the owner unless a permit is granted, the owner may apply to Council for a permit to so build. Before granting any permit authorized in this section, Council shall give public notice and hold a public hearing at which all parties in interest shall have an opportunity to be heard. A refusal by Council to grant the permit applied for may be appealed by the applicant to a court in the same manner and within the same time limitation as are provided for zoning appeals in the Zoning Code.
(Ord. 3914. Passed 11-30-71.)

1226.06 TIME LIMITATIONS ON RESERVATIONS FOR FUTURE TAKING OR ACQUISITION.

   Council may fix the time for which streets, watercourses and public grounds on the Official Map shall be deemed reserved for future taking or acquisition for public use. However, the reservation for public grounds shall lapse and become void one year after an owner of such property has submitted a written notice to Council announcing his or her intention to build, subdivide or otherwise develop the land covered by the reservation, or has made a formal application for an official permit to build a structure for private use, unless Council has acquired the property or begun condemnation proceedings to acquire such property before the end of the year.
(Ord. 3914. Passed 11-30-71.)

1226.07 RELEASE OF DAMAGE CLAIMS OR COMPENSATION.

   Council may designate any of its agencies to negotiate with the owner of land whereon reservations are made for the release of claims for damages or compensation for such reservations or agreements, indemnifying Council from such claims by others, which release or agreement, when properly executed by Council and the owner and recorded, shall be binding upon the successor in title.
(Ord. 3914. Passed 11-30-71.)

1228.01 CONTENTS OF SUBDIVISION AND LAND DEVELOPMENT ORDINANCE.

   Council shall cause to be made a subdivision and land development ordinance of the City, which may include, but need not be limited to:
   (a)   Provisions for the submittal and processing of plats, and specifications for such plats, including provisions for preliminary and final approval and for processing of final approval by stages or sections of development;
   (b)   Provisions for ensuring that:
      (1)   The layout or arrangement of the subdivision or land development shall conform to the Comprehensive Plan and to any regulations or maps adopted in furtherance thereof.
      (2)   Streets in and bordering a subdivision or land development shall be coordinated and be of such widths and grades and in such locations as are deemed necessary to accommodate prospective traffic and to facilitate fire protection.
      (3)   Adequate easements or rights of way shall be provided for drainage and utilities.
      (4)   Reservations, if any, by the developer of any area designed for use as public grounds shall be of suitable size and location for its designated use.
      (5)   Any land which is subject to flooding, subsidence or underground fires shall either be made safe for the purpose for which such land is proposed to be used or be set aside for uses which shall not endanger life or property or further aggravate or increase the existing menace.
   (c)   Provisions governing the standards by which streets shall be graded and improved and by which walkways, curbs, gutters, street lights, fire hydrants, water and sewerage facilities and other improvements shall be installed as a condition precedent to final approval of plats. The standards shall ensure that the streets be improved to such a condition that the streets are passable for vehicles which are intended to use such streets, provided, however, that the City shall not be required to accept such streets for public dedication until the streets meet such additional standards and specifications as the City may require for public dedication.
   (d)   Provisions which take into account land development not intended for the immediate erection of buildings, where it may not be possible to install streets, curbs, gutters, street lights, fire hydrants, water and sewerage facilities and other improvements as a condition precedent to final approval of plats, but where such improvements will be a condition precedent to the erection of buildings on lands included in the approved plat; and
   (e)   Provisions for encouraging and promoting flexibility, economy and ingenuity in the layout and design of subdivisions and land developments, including provisions authorizing the Planning Commission to alter site requirements for encouraging other practices which are in accordance with modern and evolving principles of site planning and development.
(Ord. 4398. Passed 9-10-86.)

1228.02 APPLICATION TO EXISTING SUBDIVISION REGULATIONS.

   The powers granted to the City in Section 1228.01 shall not invalidate the existing Subdivision Regulations (Ordinance 3703, passed October 27, 1966, as amended), codified herein as Title Four of this Part Twelve - the Planning and Zoning Code. Such Subdivision Regulations shall continue in full effect unless otherwise amended, altered or repealed by Council.
(Ord. 3914. Passed 11-30-71.)

1230.01 CONTENTS OF ZONING ORDINANCE.

   (a)   Council shall cause to be made a zoning ordinance of the City, which may include, but need not be limited to:
      (1)   Uses of land and watercourses and other bodies of water;
      (2)   The size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures;
      (3)   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; and
      (4)   The density of population and intensity of use.
   (b)   In addition, the zoning ordinance may contain:
      (1)   Provisions for special exceptions and variances administered by the Zoning Hearing Board, which provisions shall be in accordance with this Planning Code;
      (2)   Provisions for conditional uses to be allowed or denied by Council after recommendations by the Planning Commission pursuant to express standards and criteria set forth in the ordinance;
      (3)   Provisions for the administration and enforcement of such ordinance;
      (4)   Such other provisions as may be necessary to implement the purposes of this Planning Code; and
      (5)   Provisions for the protection and preservation of natural resources and agricultural land and activities.
(Ord. 4398. Passed 9-10-86.)

1230.02 APPLICATION TO EXISTING ZONING CODE.

   The powers granted to the City in Section 1230.01 shall not invalidate the existing Zoning Code (Ordinance 3590, passed January 6, 1964, as amended), codified herein as Title Six of this Part Twelve - the Planning and Zoning Code. Such Zoning Code shall continue in full effect unless otherwise amended, altered or repealed by Council.
(Ord. 3914. Passed 11-30-71.)