West Leechburg City Zoning Code
PART 1
General Provisions
§ 290-1 Title.
A chapter regulating the location, height, bulk, erection, construction, alteration, razing, and size of structures; the percentage of lot which may be occupied; the size of yards, courts and other open spaces; the density and distribution of population; the intensity of land use or bodies of water for commerce, industry, residence, recreation, public activities or other purposes; the uses of land for agriculture, water supply, conservation, soil conservation, forestry or other purposes; the protection of natural features; the protection of historic resources; and providing for the administration, enforcement and amendment of this chapter in accordance with the provisions of the Pennsylvania Municipalities Planning Code,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 290-2 Short title.
This chapter shall be known as the "West Leechburg Borough Zoning Ordinance."
§ 290-3 Purpose and community development objectives.
This chapter is enacted in accordance with the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended)[1] to implement the following purposes and community objectives:
A.
Revise and modernize the municipal zoning ordinance to reflect current conditions and comply with state and federal laws.
B.
Preserve stable and vital residential neighborhoods
C.
Facilitate new housing development including low-impact multifamily housing, where appropriate.
D.
Provide public services and infrastructure in a coordinated and efficient manner to meet the demands of new development.
E.
Enhance and maintain existing recreation and community facilities.
F.
Encourage small businesses and home occupations while maintaining the character and stability of surrounding residential properties.
G.
Collaborate with Westmoreland County on the future of the Borough's industrialized riverfront should new development opportunities arise.
H.
Protect and preserve natural resources.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 290-4 Establishment of controls.
The Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] grants local municipalities the power to enact, amend and repeal zoning ordinances. West Leechburg Borough has enacted this chapter in accordance with the provisions of Act 247, establishing the following controls:
A.
Uniform regulations. The regulations established by this chapter within each district shall apply uniformly to each class or type of structure or land.
B.
New uses and structures. In all districts, following the effective date of this chapter, any new building or other structure or any tract of land shall be constructed, developed and used only in accordance with regulations specified for each district.
C.
Existing uses and structures. In all districts, following the effective date of this chapter, any existing use or structure which is not in conformity with the regulations for the district in which it is located shall be deemed nonconforming and subject to the regulations of Article XVIII, Nonconforming Uses.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 290-5 Interpretation.
In interpreting and applying the provisions of this chapter, they shall be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.
A.
This chapter does not repeal, abrogate, annul or in any way impair, or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant hereto.
B.
Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this chapter shall control. Where the provisions of any statute, other ordinance, or regulation impose greater restrictions than this chapter, the provisions of such statute, ordinance, or regulation shall control.
C.
All construction performed pursuant to this chapter shall be consistent with the Uniform Construction Code of Pennsylvania, where applicable.
§ 290-6 Severability.
It is hereby declared to be the intent of the Borough Council that:
A.
If a court of competent jurisdiction declares any provision, clause, sentence, or word of this chapter to be invalid or ineffective, in whole or in part, such decision shall be limited to those provisions that are expressly stated to be invalid or ineffective. All other provisions of this chapter shall continue to be separately and fully effective.
B.
If a court of competent jurisdiction finds the application of any provision or provisions of this chapter to any lot, building or other structure, or tract of land, to be invalid or ineffective, in whole or in part, such decision shall be limited to the person, property, or situation immediately involved in the controversy. The application of any such provision to other persons, property or situations shall not be affected.
§ 290-7 Repealer.
The West Leechburg Borough Zoning Ordinance of 1985 and it amendments are hereby repealed and replaced by the provisions of this chapter, as amended.