The official title of this Ordinance is: The City of Wilkes-Barre Zoning Ordinance.

In interpreting and applying the provisions of this Ordinance, they shall be held to the minimum requirements for the protection and promotion of the public health, safety, convenience, comfort, morals, and general welfare of the residents of the City of Wilkes-Barre. In the event of any conflict in the application of this Ordinance with other applicable public or private provisions, the following shall apply:

A.

Public Provisions. The regulations of this Ordinance, are not intended to interfere with or abrogate or annul any other ordinance, rules or regulations previously adopted or previously issued by the which are not in conflict with any provisions of this Ordinance. Where this Ordinance imposes a greater restriction upon the use of land, structure or building than any other previously adopted ordinance, rules, or regulations of City of Wilkes-Barre, the provisions of this Ordinance shall apply.

B.

Private Provisions. The regulations of this Ordinance, are not intended to interfere with or abrogate or annul any easement, covenant or other form of private agreement or restriction, provided that where the provisions of this Ordinance impose a greater restriction, the requirements of this Ordinance shall govern. City of Wilkes-Barre shall not however be hold responsible for knowledge and/or enforcement of any private deed restriction, private covenant or other form of private agreement which may be inconsistent with the provisions of this Ordinance and/or beyond the scope of regulations contained within this Ordinance.

This Ordinance is enacted to accomplish the purposes enumerated in Section 604 of the Pennsylvania Municipalities Planning Code, Act 247, as amended. The provisions of this Ordinance are designed to achieve the following:

A.

To promote, protect and facilitate one or more of the following: the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, emergency management preparedness, airports and national defense facilities, the provisions of adequate light and air, access to incident solar energy, police protection, vehicle parking and loading space, transportation, water, sewage, schools, recreational facilities, public grounds, the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use, and other public requirements; as well as reservation of natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains.

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.

C.

To preserve prime agriculture and farmland considering topography, soil type and classification, and present use.

D.

To provide for the use of land within the municipality for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and two-family dwellings, and a reasonable range of multifamily dwellings in various arrangements, mobile homes and mobile home parks, provided however, that the zoning ordinance shall not be deemed invalid for the failure to provide any other specific dwelling type.

E.

To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.

The enactment of this Ordinance is intended to assist in achieving and promoting the following goals and objectives:

• To provide for orderly growth of an economically balanced and socially vital community.

• To preserve, protect and enhance the existing character of the City and provide the amenities, both public and private, that are necessary to achieve this objective.

• To bring about gradual conformity of land use and minimize, to an extent consistent with this objective, conflicts involving present and future use of land.

• To aid in bringing about the most beneficial relationship between land use and circulation throughout the City, with particular regard to vehicular traffic and the avoidance of congestion in the streets, and provision of safe and convenient access appropriate to the various uses.

• To encourage, through the design of new residential construction and the rehabilitation of existing residential structures, a wide range of housing types, priced suitably for those working and living in the area.

• To work to encourage affordable housing, especially for young families and senior citizens; at varied densities.

• To exclude activities from residential areas which may not be compatible with residential development and/or stability.

• To maintain standards of construction which protect the health, safety and welfare of City residents.

• To encourage open space and recreational areas in areas such as riparian areas, along creek, wetlands areas, steep slopes and floodplains less suitable for building in order to maintain for public welfare the natural watershed and drainage system in the City.

• To develop and maintain recreational programs primarily through the maintenance and upgrade of existing parks and recreational facilities.

• To encourage sufficient commercial enterprise to satisfy community needs and afford a broad range of enough employment opportunities to ensure fiscal health.

• To promote the most desirable use of land and development in accord with a well-considered plan, to promote stability of commercial development that will strengthen the economic base of the City and protect the character of commercial districts.

• To develop, maintain and upgrade commercial districts through emphasis on proper access, adequate parking and loading facilities; to promote greater efficiency and improved appearances in commercial uses through careful application of the design standards.

• To continue to promote new growth and development in the downtown including adaptive reuse of existing structures to preserve historic features.

• To provide reasonable standards for the harmonious development of business and professional offices, and other uses and accessory uses.

• To provide for a commercial residential mix in the downtown and to avoid commercial uses incompatible with pedestrian environment; to minimize traffic congestion on the streets, provide for public conveniences, and fulfill the other broad purposes of the Ordinance.

• To continue the use of Public Square for festivals, markets, fairs and related social events which in encourages pedestrian traffic that benefits existing downtown businesses.

• To encourage and promote downtown businesses and activities related to and supported by the downtown college population.

• To provide for the retention and addition of industry in the City, maintaining high standards of design and construction.

• To ensure availability of land most suitable for industrial and related activities; to protect residential neighborhoods from industrial encroachment.

• To ensure that industries are reasonably free from offensive noise, vibration, smoke, odor, glare, hazards or fire, or other objectionable effects.

• To promote and encourage the adaptive reuse of industrial sites with flexibility to add commercial activities.

All Ordinances, or any parts thereof, which are inconsistent or in conflict with this Ordinance are hereby repealed to the extent of such conflict.

This Ordinance shall become effective from the date of its approval and adoption, as provided for by law.