Oakmont City Zoning Code
ARTICLE I
Title, Purpose and Legal Clauses
§ 205-101 Short title.
This chapter shall be known and may be cited as the "Zoning Ordinance of the Borough of Oakmont."
§ 205-102 Statement of intent.
A.
The fundamental intent of this chapter is to promote the safety, health, morals, convenience and general welfare of the citizens of Oakmont, Pennsylvania; to encourage the most appropriate use of land throughout the Borough; to conserve and enhance the value of property; to minimize overcrowding of land and buildings; to avoid undue concentration of population; to lessen congestion in the streets; to secure safety from fire, flood, panic and other dangers; to provide adequate open spaces for light and air; to facilitate adequate provision of streets and highways, water, sewerage, drainage and other public facilities; to conserve life, property and natural resources; and to conserve the expenditure of funds earmarked for public improvement.
B.
This chapter recognizes that rigid segregation of land uses as well as strict adherence to development standards do not necessarily achieve an attractive and desirable pattern of community growth. This chapter therefore makes provisions for certain special exceptions and conditional uses which can be compatible with other uses and may become desirable or necessary additions to the community as long as high standards of site design and building construction are adhered to. This chapter also permits variations from building-type restrictions and flexibility in the arrangement of buildings and structures under Article VI, Planned Developments. Imagination and creativity in site design are expressly encouraged, subject to the review and approval procedures set forth in this chapter.
§ 205-103 Community development objectives.
A.
This chapter is to render a legal basis and framework for the future land use and development of the Borough of Oakmont. The objectives guiding future growth and improvements of existing development within the Borough are:
(1)
To maintain and preserve desirable Borough of Oakmont characteristics such as the diversity of architecture and natural features, the unique attraction of Oakmont's business district, the stability of residential areas and the distinctive historic fabric of the community.
(2)
To ensure health, safety and welfare of Borough of Oakmont residents through effective planning; and to monitor application of these planning standards through specific review and approval procedures.
(3)
To reflect contemporary community standards and perceived needs.
(4)
To uphold the intent and objectives of the Oakmont Borough Comprehensive Plan.
(5)
To provide for stewardship of our natural resources and setting.
(6)
To assure that future development and change within the community are controlled through effective and enforceable zoning regulations.
(7)
To create a responsive Zoning Ordinance that can accommodate future planning demands through incorporating clear, thorough and flexible review and approval procedures.
(8)
To preserve and enhance the neighborhood character of residential districts.
(9)
To acknowledge the importance of maintaining the Hulton Road-Allegheny River Boulevard Allegheny Avenue Corridor as a viable community asset.
(10)
To promote the most economical and efficient provision of municipal services.
(11)
To encourage beneficial and compatible land uses.
(12)
To promote development of uses suitable to the physical character and constraints of the land.
(13)
To maintain a healthful residential environment with adequate recreational, commercial and industrial supporting areas.
(14)
To protect and conserve open spaces, drainageways and floodplains; and
(15)
In general, to avoid the problems of random development inconsistent with the Borough's goals and objectives of managed growth.
B.
"Managed growth" refers to a means whereby the reviewing bodies apply reasonable and sound planning procedures to the overview and approval of all growth activity. This Zoning Ordinance provides one of the principal means of determining the quality of Oakmont's future overall environment. The community development objectives are meant to achieve the purposes set forth in the Pennsylvania Municipalities Planning Code, Act 247, as reenacted and amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 205-104 Continuance of prior decisions.
The passage of this Zoning Ordinance shall not invalidate any decisions enacted under prior enabling laws. This chapter shall, in such respect, be deemed a continuation and codification of such prior enabling laws.
§ 205-105 Higher standard of control.
A.
The provisions of this chapter shall control wherever they impose greater restrictions than those imposed by any statutes, other laws, ordinances, rules, regulations or permits or by easements, agreements or covenants.
B.
In interpreting and applying the provisions of this chapter, the provisions shall be held to be the minimum requirements for the promotion of the community development objectives. This chapter is not intended to interfere with other rules, regulations or ordinances of the Borough of Oakmont except that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of a building or requires larger open spaces than are imposed by such other rules, regulations or ordinances, the provisions of this chapter shall control.
C.
Per § 603.1 of the Pennsylvania Municipalities Planning Code, as amended,[1] in interpreting the language of zoning ordinances 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 the governing body, in favor of the property owner and against any implied extension of the restriction.
[1]
Editor's Note: See 53 P.S. § 10603.1.
§ 205-106 Compliance required.
No structure shall be located, erected, constructed, reconstructed, moved, converted or be designed to be used except in full compliance with all provisions of this chapter and after the lawful issuance of all permits and certificates required by this chapter.
§ 205-107 Scope of regulations.
Except as otherwise provided for in Article XII, Nonconforming Buildings and Uses, any building erected hereafter, any uses of land or buildings established hereafter, any structural alteration or relocation of existing building occurring hereafter and any enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter.
§ 205-108 Violation of other laws.
Regardless of any other provision of this chapter, no land shall be used and no structure erected or maintained in violation of any state or federal control or environmental protection law or regulation.
§ 205-109 Compliance with all conditions and standards.
Unless a proposed use can comply with all of the conditions and standards provided in this chapter pertaining to any permitted, accessory, conditional or special exception uses, such uses shall not be permitted unless approved by the appropriate reviewing body pursuant to the procedures set forth in this chapter.