Murrysville City Zoning Code
ARTICLE I
General Provisions
§ 220-1 Title.
This chapter shall be known as the "Municipality of Murrysville Zoning Ordinance." This chapter is adopted by virtue of the authority granted to the Municipality by the Commonwealth of Pennsylvania in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988 (53 P.S. § 10101 et seq., as may be amended from time to time).
§ 220-2 Purposes.
This chapter is enacted in consideration of the following purposes:
A.
To promote, protect and facilitate one or more of the following: the public health, safety, morals, general welfare, preservation of environment, coordinated and practical community development, proper density of population, civil defense, disaster evacuation, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewage, schools, public grounds and other public requirements.
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.
§ 220-3 Interpretation and application of provisions.
A.
In the event of conflicts between the provisions of this chapter and any other ordinance or regulation, the more restrictive provisions shall apply.
B.
In their interpretation and application, the provisions of this chapter shall be considered minimum requirements adopted for the promotion of the health, safety and general welfare of the public.
C.
In interpreting the language of this chapter to determine the extent of the restriction upon the use of property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the Council, in favor of the property owner and against any implied extension of the restriction.
§ 220-4 Compliance required.
A.
No building or structure shall be enlarged, erected, converted, moved or altered nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located, except as hereinafter provided. No building or structure shall be erected, enlarged, converted, moved or altered nor shall land be used except in conformity with the requirements of this chapter and other ordinances relating to the use of land for the district in which such building or structure or use is located. There shall be no land development, as defined herein, except in conformity with the regulations of this chapter, the Subdivision and Land Development Ordinance[1] and other ordinances and laws relating to the use of land.
B.
No part of a yard or other space required about any building or land for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other space similarly required for another building or land.
§ 220-5 Severability.
If any article, section, subsection, paragraph, sentence or phrase or any other provision of this chapter is for any reason held to be invalid by a court of competent jurisdiction, each holding shall not affect the validity of or the remaining provisions of this chapter, it being the legislative intent of the Council that the same would have been enacted without such article, section, subsection, paragraph, sentence, phrase or other provision.
§ 220-6 Statement of objectives.
This chapter is adopted as a part of a continuing and comprehensive planning program that has as its goal the increase in the general health, welfare and well-being of the community. The following list of objectives establishes a guide for policies to meet this goal.
A.
To encourage the retention of a residential community by:
(1)
Encouraging single-family homes, without excluding other necessary dwelling types, and in consideration of the varying needs of wide-ranging age and income groups.
(2)
Ensuring that the siting and landscaping of all developments takes special care to protect and reserve the natural character of the community and the site and minimize the negative impact on the environment.
(3)
Regulating the planning of developments to gain the maximum practical amount of useable open space for the benefit of residents.
(4)
Confining the more intensive uses of land, including commercial and high-density residential, to properly designed, logically situated sites.
(5)
Providing due consideration to the development limitations of slope, soil type and drainageways that are imposed by natural factors and are intrinsic conditions to the basic character of the community.
(6)
Encouraging innovation in all development, to the extent that such proposals operate to achieve the basic goal of maintaining the natural character without violating other policies herein.
(7)
Controlling the pace of development to maintain fiscal stability without so severely limiting growth as to endanger the future well-being of the community.
(8)
Encouraging a sufficient diversity in appearance of residential development with respect to site planning and home construction architectural style to prevent a monotony of growth throughout the community.
B.
To encourage sufficient industrial and commercial development for a balanced growth of employment, services and tax base consistent with the overall residential character by:
(1)
Permitting and encouraging industrial and regional commercial employment centers in appropriate areas of the Municipality commensurate with the availability of services, the characteristics of the site and the stated goals and policies of the community.
(2)
Encouraging the design of sites that enhance and protect the natural beauty and predominant character of the community.
(3)
Encouraging the development of small, aesthetically designed neighborhood shopping areas.
(4)
Encouraging and actively seeking the expansion of available health services and local and regional public transportation.
C.
To establish and maintain a community growth pattern that provides for efficient use of available resources, including tax income, by developing a municipal capital improvements plan that will permit orderly development of the community at reasonable cost to the residents.
D.
To recognize the pledge of the Pennsylvania Constitution, which states that the people have a right to clean air, pure water and to the preservation of the natural, scenic, historic and aesthetic values of the environment.
E.
To protect, reserve and maintain the integrity of the steep slopes and floodplains in the Municipality.
F.
To encourage the mix of residential and small commercial uses in certain areas in the Municipality, particularly to conversion of existing dwellings into small office or retail space and apartments.