ARTICLE I GENERAL PROVISIONS SECTION 101 TITLES 101.1 LONG TITLE An ordinance of Allenport Borough, Coal Center Borough, Dunlevy Borough, Elco Borough, Stockdale Borough, and Roscoe Borough, Washington County Pennsylvania, to establish zoning regulations for the use of land, watercourses, other bodies of water, and structures; defining and regulating the size, height, bulk, location, erection, construction, repair, maintenance, alteration, demolition, area, intensity of use and dimensions of land, structures, and bodies of water for agriculture, business, environment, industry, residence, public service or other purposes; the density of population and intensity of use; the provision of design specifications and performance standards; the percentage of lot which may be occupied; the size of yards and other open spaces; the establishment of legislative, administrative, enforcement, and appeal procedures; and, the prescribing of remedies for violations. 101.2 SHORT TITLE This ordinance shall be known and cited as the Mid Mon Valley Multi- Municipal Zoning Ordinance. SECTION 102 MUNICIPALITIES PLANNING CODE ZONING PURPOSES The Mid Mon Valley Multi-Municipal Zoning Ordinance has been written to reflect the provisions of the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247 as reenacted and amended) in that zoning ordinances shall be designed: 102.1 To promote, protect and facilitate any or all of the following: the public health, safety, morals, and the general welfare; coordinated and practical community development and the proper density of population; emergency management preparedness and operations; 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, sewerage, 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 preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains. 1-1
102.2 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. 102.3 To preserve prime agriculture and farmland considering topography, soil type and classification, and present use. 102.4 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 arrangement, mobile homes and mobile home parks, provided, however, that this zoning ordinance shall not be deemed invalid for the failure to provide for any other specific dwelling type. 102.5 To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development for a variety of residential dwelling types and nonresidential uses. SECTION 103 RELATIONSHIP TO THE COMPREHENSIVE PLAN This Ordinance is enacted to promote an orderly plan of development according to the goals, objectives and recommendations of the Mid Mon Valley Regional Comprehensive Plan that was completed for Allenport Borough, Coal Center Borough, Dunlevy Borough, Elco Borough, Stockdale Borough, and Roscoe Borough. The comprehensive plan includes data on existing conditions with reasonable consideration to the existing character of the various areas within the municipalities and the respective suitability to particular land uses. SECTION 104 GENERAL PURPOSES The general purposes, which are the basis for the provisions and regulations of this Ordinance, are set forth in the Mid Mon Valley Regional Comprehensive Plan. The zoning regulations and districts set forth in this Ordinance are made in accordance with the Comprehensive Plan for the general welfare of the municipalities and the promotion of the health, safety, morals, convenience, and order of present and future residents of Allenport Borough, Coal Center Borough, Dunlevy Borough, Elco Borough, Stockdale Borough, and Roscoe Borough and are intended, but not limited, to achieving the following objectives: 104.1 To implement the policy goals and strategies of the Mid Mon Valley Regional Comprehensive Plan. 104.2 To promote a sustainable Mid-Mon Valley Region by ensuring that future development meets the economic and social needs of the residents in a manner that does not destroy the productivity or health of its natural systems. 104.3 To promote and facilitate coordinated and practical community development in relation to infrastructure facilities. 1-2
104.4 To provide standards to control the amount of open space and impervious surfaces within a development and to control the intensity of development in areas of sensitive natural resources or natural features in order to reduce or eliminate adverse environmental impacts. 104.5 To reduce the financial burdens imposed on the community and protect the tax base by preventing excessive or inappropriate development or uses within the municipalities. 104.6 To attract new businesses that will complement the existing economic structure within the region. 104.7 To better utilize vacant and underutilized properties. 104.8 To utilize the Monongahela River to its fullest capacity for development and recreation efforts. SECTION 105 APPLICABILITY The provisions of this Ordinance shall apply to all zoning districts, lots, structures, land developments and subdivisions within the municipal boundaries of Allenport Borough, Coal Center Borough, Dunlevy Borough, Elco Borough, Stockdale Borough, and Roscoe Borough, Washington County, Pennsylvania. SECTION 106 COMPLIANCE 106.1 In all districts, after the effective date of this ordinance, any existing land use, building, structure, or any tract of land which is not in conformity with the regulations of the district in which it is located, shall be deemed as nonconforming and be subject to the non-conforming regulations of this ordinance. 106.2 No structure shall be located, erected, demolished, constructed, moved, altered externally, converted, or enlarged, nor shall any structure or land be used or be designed to be used, except in full compliance with all provisions of this Ordinance, and the subsequent lawful issuance of all permits and certifications required by this Ordinance. SECTION 107 INTERPRETATION In interpreting and applying the provisions of this Ordinance, these provisions shall be held to the minimum requirements. 107.1 It is not intended by this Ordinance to interfere with, or abrogate or annul, any ordinances, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this Ordinance, or which shall be 1-3
adopted or issued, except those specifically or implicitly repealed by this Ordinance, or any private restriction placed upon property by covenant, deed, or other private agreement, unless repugnant hereto; 107.2 Whenever this Ordinance imposes a greater restriction upon the use of buildings or premises, open spaces or lot areas, or imposes higher standards other than those which are required in, or under, any other statute, the provisions of the regulations made under the authority of this Ordinance shall govern; and, 107.3 Provisions in any other ordinances that are concerned with design standards and which are enacted and administered for Allenport Borough, Coal Center Borough, Dunlevy Borough, Elco Borough, Stockdale Borough, and Roscoe Borough shall not be considered to be in conflict with the provisions of this Ordinance. SECTION 108 USES FOR WHICH NO PROVISION IS MADE Whenever, in any district established under this Ordinance, a use is not specifically permitted and an individual makes an application to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board, which shall have the authority to permit or deny the proposed use. The use may be permitted if it is similar to, and compatible with, permitted uses in the district and in no way is in conflict with the general purpose and intent of this Ordinance or any provision permitting the same, provided that the same shall comply and follow all requirements of this Ordinance. SECTION 109 SEVERABILITY It is hereby declared to be the intent of the governing bodies of Allenport Borough, Coal Center Borough, Dunlevy Borough, Elco Borough, Stockdale Borough, and Roscoe Borough that: 109.1 If any provision, article, section, subsection, paragraph, sentence of phrase of this Ordinance is for any reason held to be invalid or ineffective, in whole or in part, by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance which shall continue to be separately and fully effective; and, 109.2 If the application of any provision or provisions of this Ordinance to any lot, building or any other structure or tract of land is found to be invalid or ineffective, in whole or in part, by a court of competent jurisdiction, the effect of such a decision shall be limited to the person, property or situation immediately involved in the controversy and the application of any such provisions to other persons, property or situations shall not be affected. 1-4
SECTION 110 REPEAL Any resolution or ordinance, or any part of any resolution or ordinance in conflict with the provisions of this Ordinance, are hereby repealed to the extent of such conflict. SECTION 111 EFFECTIVE DATE This Ordinance shall take effect on the day of, 2005. 1-5