West View City Zoning Code
ARTICLE I
General Provisions
§ 290-1 General intent and community development objectives.
A.
The zoning regulations and districts set forth in this chapter are made in accordance with a Long-Range Comprehensive Plan study of the Borough of West View and are intended to achieve, among others, the following purposes:
(1)
To promote, protect and facilitate one or more of the following:
(a)
The public health, safety, morals and general welfare.
(b)
Coordinated and practical community development.
(c)
Proper density of population.
(d)
The provisions of adequate light and air.
(e)
Police protection.
(f)
Vehicle parking and loading space.
(g)
Transportation, water, sewerage, schools, public grounds and other public requirements.
B.
These regulations and districts were made with reasonable consideration, among other things, of the existing character of the various areas within the Borough of West View and their respective suitability for particular land uses.
§ 290-2 Interpretation of provisions.
[Amended 2-2-1977 by Ord. No. 1191]
A.
In applying the provisions of this chapter, they shall be interpreted to be the minimum requirements for the promotion of the public health, safety and general welfare. It is not intended to interfere with, abrogate or annul ordinances, rules, regulations or permits previously adopted or issued, except as amended hereby, or which shall be adopted or issued pursuant to law relating to the use of buildings or land. The interpretation of the regulations of this chapter is intended to be such that whenever these requirements are at variance with any other lawfully adopted or issued ordinances, rules, regulations, permits, deed restrictions or covenants, particularly as they refer to area and bulk regulations, the most restrictive requirements shall govern.
B.
The provisions of this chapter, the several kinds of regulations and the prescribed requirements in detail applicable within the boundaries of the zoning districts, as designated on the Zoning Map,[1] are designed to encourage equity between owners of abutting or closely related lots or properties; to protect each so far as is possible in the securing and retaining of adequate light and air; and to establish and maintain throughout neighborhoods a reasonable community standard of physical environment.
[1]
Editor's Note: A copy of the Zoning Map of the Borough of West View is on file in the office of the Borough Secretary. A Table of Zoning Map Amendments is included at the end of this chapter.
§ 290-3 Relationship to Comprehensive Plan.
This chapter is adopted to promote an orderly plan of development according to a Long-Range Comprehensive Land Use Plan, including data on existing conditions, statements concerning the proposed plan and evaluations of implementation techniques. Such material shall be utilized, when necessary, to establish policy in the interpretation of this chapter.
§ 290-4 Establishment of controls.
A.
Minimum and uniform regulations. The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
B.
New uses and structures. In all districts, after the effective date of this chapter, any new building or other structure on any tract of land shall be constructed, developed and used only in accordance with the regulations specified for each district.
C.
Existing uses and structures. In all districts, after the effective date of this chapter, any existing building or other structure or any tract of land which is not in conformity with the regulations for the district in which it is located shall be deemed as nonconforming and subject to the regulations of Article IX.
D.
Type of control. The following minimum and uniform regulations shall apply in the respective districts:
(1)
Use regulations, including uses by right, conditional uses, accessory uses and uses by special exception.
(2)
Area and bulk regulations, including required front, side and rear yards.
(3)
Maximum permitted height and allowable lot coverage.
(4)
Off-street parking and loading regulations.
(5)
Sign regulations.
(6)
Special regulations dealing with landscaping, storage, access and traffic control, lighting and slope areas, where applicable.
§ 290-5 Establishment of districts; lot sizes.
A.
Types of districts. For the purpose of this chapter, the Borough of West View is hereby divided or may be divided in the future into the following districts:
[Amended 9-8-2010 by Ord. No. 1456]
District | General Purpose of District | |
|---|---|---|
R-1 Low Density Residence District | Low-density single- and two-family uses | |
R-3 High Density Residence District | Medium-density and high-density multifamily uses | |
R-P Planned Unit Residence District | Low-to-medium density, single-family, two-family and certain multifamily uses proposed according to a unit plan for not less than 10 acres | |
C-1 General Commercial District | General service commercial functions in moderate commercial area concentrations |
B.
Lot sizes. Any lot, as well as the open spaces reserved on it, must be equal to or exceed the minimum sizes prescribed by this chapter for the district in which the lot is located.
§ 290-6 Zoning District Map.
A.
Adoption of Zoning Map. The areas within the Borough of West View limits, as assigned to each district, and the location of boundaries of the districts established by this chapter are shown on the Zoning Map, which is declared to be a part of this chapter and shall be kept on file with the Borough Secretary. If and whenever changes are made in boundaries or other matter included on said Zoning Map, such changes in the map shall be made within five days after each amendment has been approved by the Borough Council.
B.
District boundary lines.[1]
(1)
The district boundary lines shall be as shown on the Zoning Map.
[Amended 2-2-1977 by Ord. No. 1191]
(2)
Where uncertainty exists with respect to the boundaries of the various districts, as shown on the Zoning District Map accompanying and made a part of this chapter, said district boundary lines shall be determined as follows:
(a)
The district boundaries are generally center lines of public rights-of-way unless otherwise shown, and where the indicated boundaries on the Zoning District Map are approximately public rights-of-way, said center lines of public rights-of-way shall be construed to be the boundaries.
(b)
Where the district boundaries are not shown to be public rights-of-way, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines; and where the indicated boundaries on the Zoning District Map are approximately lot lines, said lot lines shall be construed to be the boundaries of such district, unless said boundaries are otherwise indicated on the map.
(c)
In undivided property, the district boundary lines, unless otherwise shown, shall be determined by use of the scale on the original Zoning District Map.
(d)
Where one symbol is used on the Zoning District Map to indicate the district classification of an area divided by a way or alley, said symbol shall establish the classification of the whole of such tract.
(e)
A street, way, alley, railroad or railway right-of-way, watercourse, channel or body of water included on the Zoning District Map shall, unless otherwise indicated, be included within the district of the adjoining property on either side thereof; and where such street, way, alley, right-of-way, watercourse, channel or body of water serves as a boundary between two or more districts, a line midway in such street, alley, way, right-of-way, watercourse, channel or body of water and extending in the general direction of the long dimension thereof shall be considered the boundary between districts.
(f)
In the event that a street, way or alley shown on the Zoning District Map is vacated, the property formerly in said street or way shall be included within the district of the adjoining property on either side of said vacated street, alley or way. In the event said street, alley or way was a boundary of one or more districts, said new district boundary or boundaries shall be the former center line of said vacated street.
[1]
Editor's Note: This subsection is a consolidation of the provisions of a paragraph entitled "District Boundary Lines," which appeared under original Sec. 101.7, The Zoning District Map, and the provisions of original Sec. 602.3, Boundaries of Districts.
C.
Boundary tolerances. Where a district boundary line divides a lot held in single and separate ownership at the effective date of this chapter, the use regulations applicable to the more restrictive district shall apply.
§ 290-7 Annexed land or land otherwise acquired.
All land annexed to or otherwise acquired for the Borough after the effective date of this chapter shall be automatically classified as an R-1 Low Density Residence District, and shall remain so classified until a zoning plan for the annexed or acquired area has been adopted by the Borough Council. The Borough Planning Commission shall recommend to the Borough Council appropriate zoning for the annexed area within 90 days of the effective date of such annexation or acquisition.