An ordinance to establish zoning regulations for the use of land, structures, area of lots, bulk of buildings and other structures, the density of population, the provision of off-street parking and loading spaces and similar accessory regulations for the Borough of Waynesburg, Pennsylvania, and for such purposes to divide the Borough into zoning districts; and, further, to provide for administrative enforcement and amendment thereof in accordance with the provisions of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247 as reenacted and amended [53 P.S. § 10101 et seq.].

This Ordinance shall be known and may be cited as the "Waynesburg Zoning Ordinance." It is also hereafter referred to as "the Zoning Ordinance" or "this Ordinance." The zoning district map shall be known and may be cited as the "Official Waynesburg Zoning Map" or "zoning map."

The zoning regulations and districts set forth in this Ordinance are intended to achieve, among others, the following purposes:

103.1

Community Development Objectives.

1.

Transform the circulation system through downtown Waynesburg to achieve a balance between efficient vehicle access and the creation of a safe, inviting environment that attracts activity to the core business district.

2.

Strengthen the core business district as the borough's economic engine and primary gathering place.

3.

Refine and promote a unique community identity that reflects commonly held values and assets that can be marketed to attract visitors and investment.

4.

Encourage investment in the borough's housing stock to ensure that neighborhoods remain stable, safe and attractive.

5.

Improve public infrastructure by prioritizing and strategically implementing upgrades according to identified need.

6.

Ensure local land use ordinances are consistent with the Comprehensive Plan.

103.2

Relationship to the Comprehensive Plan.

1.

This Ordinance is enacted to promote orderly plan of development according to the adopted Waynesburg Borough Comprehensive Plan, including data on existing conditions, statements concerning the proposed plan evaluations of implementation techniques. Such material shall be considered as legislative history and shall be utilized when necessary to establish policy in the interpretation of this ordinance.

104.1

Uniformity of Regulations and Exceptions: The regulations established by this Zoning Ordinance 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:

(1)

Making transitional provisions at or near the boundaries of districts;

(2)

Regulating nonconforming uses and structures;

(3)

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.

104.2

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 Ordinance. 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 Ordinance.

104.3

Future Annexations: All territory which may hereafter be annexed to the Municipality shall be considered to be in the R-1 Residential District until otherwise classified.

104.4

Reclassification of Public Facility If Use Ceases: In the case that any public building, facility or land area, such as a school, recreation area, community center or municipal building, shall cease to be used according to its intended function, the Planning Commission shall study the existing zoning classification of the property on which the said use is located and shall make recommendations to the Governing Body on any necessary zoning changes to ensure a suitable reuse of the parcel. This study and recommendation shall be made by the Governing Body within 90 days of the notification by the appropriate public entity of the intent to terminate the existing use of the property.

104.5

Preservation of Other Regulations: Regardless of any other provision of this Ordinance, no land shall be used and no structure erected or maintained in violation of any federal, state or county law or regulation. Currently, the Municipality does not have a Subdivision/Land Development Ordinance and these provisions must be met by the Greene County Subdivision Ordinance.

104.6

Pending Building Permits: Nothing in this Ordinance 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 Ordinance, 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 Ordinance. However, any building permit which was issued subsequent to the first public hearing on this Ordinance built prior to the Ordinance's effective date shall be declared void at the time of adoption of this Ordinance, if the structure or use does not conform to the provisions of this Ordinance and if no substantial construction has begun or contract(s) let.

104.7

Public Utility Corporations: The provisions of this Ordinance shall not apply to any existing or proposed building as stated in Section 619 of the Pennsylvania Municipalities Planning Code [53 P.S. § 10619].

105.1

Wherever the regulations within this zoning Ordinance are at variance with other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, those which impose the most restrictive requirements shall govern.

105.2

No structure or use which was not lawfully existing at the time of the adoption of this Ordinance shall become or be made lawful solely by reason of the adoption of this Ordinance; and to the extent that said unlawful structure or use is in conflict with the requirements of this Ordinance, said structure remains unlawful hereunder.

All existing ordinances or parts of ordinances which are contrary to or conflict with the provisions of this Zoning Ordinance are hereby repealed, to the extent necessary to give this zoning Ordinance full force and effect.

Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Ordinance as a whole or any part thereof, and the parts or sections remaining shall remain in effect as if the part of the section declared unconstitutional had never been a part thereof.

This Ordinance shall take effect immediately upon adoption by the Governing Body.