Wilson City Zoning Code
ARTICLE I
General Provisions
§ 170-1 Title.
An ordinance regulating the location, height, bulk, erection, construction, reconstruction, alteration, razing, removal 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 use of land or bodies of water for trade, industry, residence, recreation, public activities or other purposes, in all portions of the Borough of Wilson.
§ 170-2 Short title.
This chapter shall be known and cited as the "2011 Zoning Ordinance of the Borough of Wilson, Pennsylvania."
§ 170-3 Applicability.
No building, sign or other structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, enlarged or structurally altered unless in conformity with the regulations of this chapter. However, this chapter shall not require any change to any building, structure or use legally existing at the effective date of this chapter, or any amendment thereto; or to any building, structure or use planned and construction started in compliance with existing laws prior to the effective date of this chapter, or any amendment thereto, and completed within a one-year period after the effective date of this chapter, or any amendment thereto, except as otherwise provided herein.
§ 170-4 Jurisdiction.
The regulations and provisions of this chapter shall apply to and affect the incorporated limits of the Borough of Wilson, Northampton County, Pennsylvania.
§ 170-5 Purpose.
This chapter is enacted to implement the objectives for the Comprehensive Plan for the Borough of Wilson in accordance with the provisions of the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247,[1] as reenacted and amended for the following purposes:
A.
To promote, protect and facilitate the public health, safety, morals, general welfare, coordinated and practical development of the Borough, the proper density of population, emergency management preparedness and operations, the provision of adequate light and air, access to incident solar energy, protection of persons and property, the maintenance and improvement of the aesthetic qualities of the Borough, vehicle parking and loading space, transportation, water, sewage, schools, public grounds and other public requirements and the protection of the environment.
B.
To prevent the overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers and to give consideration to the character of the Borough, its various parts and the suitability of the various parts for particular uses and structures.
C.
To provide for the use of land within the municipality for residential housing of various dwelling types and 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.
[1]
Editor's Note: See 53 P.S. § 10101.
§ 170-6 Statement of community development objectives.
This chapter and Zoning Map are intended to promote the following community development objectives for the Comprehensive Plan of the Borough of Wilson as set forth below:
A.
To maintain and enhance the Borough of Wilson's image as a desirable residential community suited to enhance and foster family growth and development and to serve all age groups.
B.
To encourage residential growth and the related development of desirable commercial and industrial developments to stabilize the Borough's tax base and overall economy.
C.
To provide for appropriate residential densities and housing types, satisfying many age groups, income levels, family sizes and individual preferences.
D.
To provide adequate recreational areas to serve residents and to establish a park-like environment throughout the Borough.
E.
To provide necessary and desirable services and community facilities and schools to satisfy the needs and demands of present and future residents of the Borough.
F.
To reduce traffic congestion in the Borough and to provide adequate parking space to serve all residential and other uses in the Borough.
G.
To encourage neighborhood conservation and rehabilitation and preservation of historic structures.
H.
To eliminate undesirable, uneconomical and unattractive mixtures of land uses.
I.
To promote sound standards of development, to maximize stability of property values and to encourage desirable economic activities.
J.
To provide a street system capable of circulating people and goods within and through the Borough safely and efficiently.
§ 170-7 Interpretation and validity.
A.
In the interpretation and the application of the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that where this chapter imposes greater restrictions upon the use of buildings or premises or upon the height or bulk of a building or requires larger open spaces, the provisions of this chapter shall prevail.
B.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional, unenforceable or invalid, such decision shall not affect its remaining portions. The Council of the Borough of Wilson hereby declares it would have passed this chapter and each section and subsection thereof irrespective of the fact that any one or more of its sections, subsections, clauses or phrases may be found by a court to be unconstitutional or otherwise invalid.
C.
No provision contained in this chapter is intended to discriminate against persons protected under federal or Commonwealth of Pennsylvania laws pertaining to equal opportunity, civil rights, the elderly or persons with disabilities.
§ 170-8 Repealer.
The Borough of Wilson Zoning Ordinance No. 645, adopted on March 28, 1994, and all amendments thereto, are hereby completely repealed and replaced by this chapter. All other existing ordinances or parts of ordinances in conflict with this chapter, to the extent of such conflict and no further, are hereby repealed.
§ 170-9 Severability.
A.
It is hereby declared to be the intent of the governing body that if a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and 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, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property or situations shall not be affected.