The Zoning Officer, who shall be appointed as required by the
Monroeville Home Rule Charter, shall:
A.
Administer and enforce the provisions of this chapter in accordance
with its literal terms and shall not have the power to permit any
construction or any use or change of use which does not conform to
this chapter.
B.
Issue zoning permits and zoning occupancy permits.
C.
Maintain a permanent file with all zoning permits, occupancy permits
and applications as public records.
D.
Identify and register all nonconforming uses and structures as required
by law. A zoning occupancy permit shall then be issued to the owner
of said use or structure.
A.
A zoning permit shall be obtained pursuant to provisions in Article III before any person may:
(1)
Change
the use of a structure or land to a different use;
(2)
Construct,
reconstruct, move, alter or enlarge any structure or building; or
(3)
Change
a nonconforming use or structure. A zoning permit shall not be issued
to change a nonconforming use or structure without review and approval
by the Board.
B.
Applications for a zoning permit shall be accompanied by a site plan
showing clearly and completely the location, dimensions and nature
of any structure involved and such other information as the Zoning
Officer may require for administration of this chapter, together with
the filing fee in accordance with the schedule annually affixed by
resolution of the Council.
C.
Zoning permits shall become null and void one year from date of issue.
Prior to continuance of the activity or change for which the original
permit was issued, a new zoning permit must be obtained. The zoning
permit may be renewed by the Zoning Officer if there has been no change
in applicable zoning regulations and if such renewal is requested
within one month of the date of expiration of said zoning permit.
If applicable zoning regulations have been changed, the full review
and approval procedure required by this chapter shall apply. Any zoning
permit issued by authorization of the Board shall not be renewed except
by authority of the Board.
D.
Within 60 days after the receipt of an application, the Zoning Officer
shall either approve or disapprove the application or submit the application
to appropriate review agencies in conformance with the provisions
of this chapter. All zoning permits shall be conditional upon the
commencement of work within one year and substantial completion within
2 1/2 years. One copy of the plans shall be returned to the applicant
by the Zoning Officer after the Zoning Officer shall have marked such
copy either as approved or disapproved and attested to the same by
his signature on such copy. One copy of plans, similarly marked, shall
be retained by the Zoning Officer. The Zoning Officer shall issue
a placard, to be posted in a conspicuous place on the property in
question, attesting to the fact that the use or alteration is in conformance
with the provisions of this chapter.
E.
Prior to the issuance of a zoning permit for any use in a floodplain,
the Zoning Officer shall require the applicant to indicate compliance
with all applicable state and federal laws.
F.
The Zoning Officer shall inspect the site during construction to
determine whether work is in compliance with the approved zoning permit,
and he may require certification by a qualified engineer or surveyor
that all structures are being built to the required elevations and
to other standards set forth by the zoning permit.
G.
If the Zoning Officer finds that work does not comply with the applicable
standards or that there has been a misrepresentation by any applicant,
the Zoning Officer shall revoke the zoning permit.
H.
If the Zoning Officer finds reasonable grounds to believe that there
has been a violation of any provisions of this chapter, he shall give
notice of such alleged violation. Such notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons for its issuance.
(3)
Allow a reasonable time, not to exceed a period of 30 days, for the
performance of any act it requires.
(4)
Be served upon the property owner or his agent in accordance with
law.
(5)
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter.
A.
Prior to occupancy of land or structure or to the change of tenants,
ownership or occupants of any structure, land or premises, or any
portion thereof, a zoning occupancy permit shall be obtained stating
that the premises are in full compliance with this chapter.
B.
A zoning occupancy permit shall be revocable where the Zoning Officer
determines that the occupant is not complying with every condition
required by the issuance of said permit.
Any person, partnership or corporation who or which shall violate
the provisions of this chapter shall, upon conviction thereof in a
summary proceeding, be sentenced to pay a fine of not more than $500.
In default of payment of the fine, such person, the members of such
partnership or the officers of such corporation shall be liable to
imprisonment for not more than 60 days. Each day that a violation
is continued shall constitute a separate offense.
In case any building, structure or land is, or is proposed to
be, erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this chapter, Council may, in addition to
other remedies, institute in the name of the Municipality any appropriate
action or proceeding to prevent, restrain, correct or abate such building,
structure or land or to prevent in or about such premises any act,
conduct, business or use constituting a violation.
A.
Applications shall be filed with the Zoning Officer and shall be accompanied by an application fee in an amount equal to that set by resolution of Council and seven copies of a site plan prepared in accordance with § 359-26.
B.
Review. The Zoning Officer shall forward copies of the application
to Council and to the Planning Agency for review and approval.
C.
The Planning Agency shall forward its recommendation within 30 days,
unless the petitioner agrees in writing to a time extension. Failure
to act within the allotted time shall be deemed to be a favorable
recommendation.
D.
The Council shall hold a public hearing within 60 days of the filing
of an application for a development plan and shall render its decision
within 60 days of the conclusion of the hearing.
E.
The Council may attach such conditions as it deems necessary to the
approval of any development plan. All development, construction and
use shall be in accordance with the approved plan, unless a revised
plan is submitted, approved and recorded. Any development contrary
to the approved plan shall constitute a violation of this chapter.
Planned developments, including planned residential developments
and planned group units, shall require submission, review and approval
of a preliminary application and of a final application in accordance
with the following procedures and requirements.
A.
The preliminary application shall include a location map, site map,
proposed development plan and engineering report. The application
shall be submitted to the Zoning Officer with not fewer than seven
copies and shall be accompanied by the fee.
B.
The Zoning Officer shall forward one copy each of the preliminary
application to the Planning Agency, the Municipal Engineer, the Health
Department and the County Planning Commission. Council shall not approve
the preliminary application until reports from each of these agencies
have been received or until the expiration of 30 days from the date
the copies of the application for development were forwarded to said
agencies.
C.
The Council shall hold a public hearing within 60 days of the filing
of such preliminary application. Council may continue such hearing
or refer the application back to the Planning Agency but shall complete
the hearing within 60 days of the initial hearing. The Council shall
render its decision not later than 60 days after the conclusion of
the public hearing.
D.
The Council shall give tentative approval to a proposed development plan if and only if it is found to meet the criteria set forth in Article IV.
E.
The grant or denial of tentative approval shall include findings
of fact related to the proposed development plan as submitted for
approval, and the reasons for the decision shall be set forth with
particularity in what respect the proposed development plan would
or would not be in the public interest, including but not limited
to each of the cited criteria.
F.
In the event that a development plan is granted tentative approval,
with or without conditions, the Council may set forth in the official
written communication the time within which an application for final
approval of the development plan shall be filed or, in the case of
a development plan which provides for development over a period of
years, the periods of time within which applications for final approval
of each part thereof shall be filed.
G.
The decision of the Council shall be in writing and shall be given
to the developer personally or mailed to him at his last known address
not later than five working days following the decision.
H.
Failure of the Council to render decision and to communicate it to
the applicant in the time and in the manner required shall be deemed
an approval of the application and terms as presented, unless the
applicant has agreed in writing to an extension of time or change
in the prescribed manner of presentation or of communication of the
decision, in which case failure to meet the extended time or change
in manner of presentation and communication shall have like effect.
J.
If the developer chooses to reject any conditions attached to the
grant of tentative approval, he may void such tentative approval by
notifying the Council within 30 days of the date of the decision.
K.
The grant of tentative approval may be revoked by the Council if
it is notified by the developer of his intention to abandon the proposed
development plan. The grant of tentative approval shall be deemed
to be revoked if the developer does not submit an application for
final approval within the time limits required by this article.
L.
Application for final approval of each phase shall be filed with
the Zoning Officer not later than 12 months following the grant of
tentative approval, unless otherwise specified by the Council. The
application shall comprise one reproducible copy and six prints of
the development plan for the phase, including a site plan and supplementary
data, and a certificate of completion of improvements or a guaranty
of improvements as required by this chapter.
M.
Recording. Upon the approval of a final plat, the developer shall,
within 90 days of such final approval, record such plat in the office
of the Recorder of Deeds of Allegheny County.
A.
Prior to granting final approval of any site plan, conditional use
or other approval required by this chapter wherein the developer is
required or has agreed as a condition of approval to provide and install
specific amenities, including but not limited to and prior to the
installation of trees, shrubbery and other plant materials, parking
lots, storm sewers, utilities, fire protection, installation of sidewalks,
fences or other landscape materials, the provision of driveways, pathways
or other related remedy to circulation or the demolition and removal
of any structure or nonconforming signs or any other specific amenity
shown on the site plan or as recommended by Council, the developer
shall provide a completion bond, performance bond, irrevocable letter
of credit in the form of a demand note, demand note or cashier's check
approved by the Municipal Solicitor and Municipal Manager as to form
and content. Said instrument shall be in the amount of 110% of the
estimated cost of such improvements.
[Amended 2-14-1989 by Ord. No. 1657]
B.
The Council shall promptly release the developer from the improvement
bond if and only if the Zoning Officer certifies in writing that all
improvements have been completed in accordance with all agreements
set forth as a condition of the required zoning approval.
The Council may amend this article as proposed by a member of
the Council, by the Planning Agency or by a petition of a person residing
or owning property within the Municipality in accordance with the
following provisions:
A.
Petitions for amendment shall be filed with the Planning Agency,
and the petitioner, upon such filing, shall pay an advertising deposit
and a filing fee in accordance with a schedule annually affixed by
resolution. The Planning Agency shall review the proposed amendment
and report its findings and recommendations in writing to the Council
and to the petitioner. The proposed amendment shall be introduced
before the Council only if a member of the Council elects to do so.
If an amendment proposed by petition is not introduced, the advertising
deposit shall be refunded to the petitioner; otherwise, such deposit
shall be paid to the Municipality.
B.
Any proposed amendment introduced by a member of the Council without
written findings and recommendations from the Planning Agency shall
be referred to the Planning Agency for review at least 30 days prior
to public hearing by the Council.
C.
Before voting on the enactment of an amendment, the Council shall
hold a public hearing thereon pursuant to public notice. If, after
any public hearing held upon an amendment, the proposed amendment
is revised or further revised to include land previously not affected
by it, the Council shall hold another public hearing pursuant to public
notice before proceeding to vote on the amendment.
D.
The delineation of any of the floodplain districts may be amended
as specified above where natural or man-made changes have occurred
or where studies by the United States Army Corps of Engineers, River
Basin Commission, or other qualified person document the need for
such change. Prior to any such change, approval shall be obtained
from the Federal Insurance Administration.
A.
In accordance with law, the Council shall appoint a Zoning Hearing
Board, which Board shall adopt rules to govern its procedures. The
Board shall hold meetings, keep minutes and, pursuant to notice, shall
conduct hearings, compel the attendance of witnesses, take testimony
under oath and render decisions in writing, all as required by law.
A fee shall be charged in accordance with a schedule annually affixed
by resolution of Council for any appeal or proceeding filed with the
Zoning Hearing Board. The Zoning Hearing Board shall have the functions,
powers and obligations specifically granted by law.
B.
Membership; term.
[Added 4-11-1989 by Ord.
No. 1667; amended 4-8-2014 by Ord. No. 2611; 12-8-2020 by Ord. No. 2725[1]]
(1)
The membership of the Zoning Hearing Board is hereby expanded from
three members to five members.
(2)
Council of the Municipality of Monroeville shall appoint two additional
members to the Zoning Hearing Board, one member to serve a four-year
term, and the second member to serve a five-year term.
(3)
The existing three members of the Zoning Hearing Board shall serve
their current appointed three-year terms until such terms expire,
in 2020, 2021 and 2022, respectively.
(4)
Any term of a member appointed in January 2021, or thereafter, shall
be a five-year term (unless such member is appointed to fill a vacancy
in an unexpired term).
(5)
Council shall not appoint more than one resident from any ward to
serve on the Zoning Hearing Board at the same time.
[1]
Editor's Note: This ordinance also repealed Ord. No. 2611.
C.
Appeals from the Zoning Officer. The Board shall hear and decide
appeals where it is alleged by the appellant that the Zoning Officer
has failed to follow prescribed procedures or has misinterpreted or
misapplied any provision of this chapter or of the Zoning Map and
any valid rule or regulation governing the action of the Zoning Officer.
Appeals from decisions or interpretations of the Zoning Officer may
be made by landowners, developers or persons aggrieved and may relate
to such subject matter as to whether a zoning permit or zoning occupancy
permit should be issued or whether a stop-work order should be issued.
D.
Challenges to validity. The Board shall hear challenges to the validity
of this chapter or map raising substantive questions. Procedural questions
or an alleged defect in the process of enactment or adoption of any
ordinance or map shall be raised by an appeal taken directly from
the action of the governing body to the court. Challenges to the validity
of this chapter or map to the Board include challenges such as exclusionary
zoning or spot zoning.
E.
Variances. The Board shall hear requests for variances where it is
alleged that the provisions of this chapter inflict unnecessary hardship
upon the property of the applicant. In granting any variance, the
Board may attach such reasonable conditions and safeguards as it may
deem necessary to implement the purposes of this chapter. The Board
may grant a variance, provided that the following findings are made
where relevant in a given case:
(1)
There are unique physical circumstances or conditions, including
irregularity, narrowness or shallowness of lot size or shape, or exceptional
topographical or other physical conditions peculiar to the particular
property and the unnecessary hardship is due to such conditions and
not the circumstances or conditions generally created by the provisions
of this chapter in the district in which the property is located.
(2)
Because of such physical circumstances or conditions, there is no
possibility that the property can be developed in strict conformity
with the provisions of this chapter and that the authorization of
a variance is therefore necessary to enable the reasonable use of
such property.
(3)
Such unnecessary hardship has not been created by the appellant.
(4)
The variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located nor
substantially or permanently impair the appropriate use or development
of adjacent property nor be detrimental to the public welfare.
(5)
The variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
F.
Special exceptions. The Board shall hear and decide requests for special exceptions enumerated in § 359-24. A special exception is issued for an exceptional use which may be permitted within a particular zoning district if the Board determines its availability. Such uses are made available as a privilege, not as a right, assuming that the requisite facts and conditions detailed in this chapter are found to exist. In granting a special exception, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
G.
In considering applications for special exceptions and variances
in floodplain districts, the Board shall give due consideration to
the danger to life and property due to increased flood heights or
velocities caused by encroachment. No special exception or variance
shall be granted for any proposed use, development or activity within
the floodway that will cause any increase in flood levels during the
one-hundred-year flood. The Board shall notify the applicant for such
special exception or variance, in writing, that the construction of
a structure below the one-hundred-year flood elevation increases risks
to life and property and will result in increased premium rates for
flood insurance.
H.
Stay of proceedings. Upon the filing of proceedings before the Board
appealing a determination of the Zoning Officer, challenging an ordinance
or requesting a variance or special exception and during the pendency
of such proceedings before the Board, all land development pursuant
to any challenged ordinance, order or approval of the Zoning Officer
or of any agency or body and all official action thereunder shall
be stayed, unless the Zoning Officer or any other appropriate agency
or body certifies to the Board facts indicating that such stay would
cause imminent peril to life or property, in which case the development
or official action shall not be stayed otherwise than by a restraining
order, which may be granted by the Board or by the court having jurisdiction
over zoning appeals on petition after notice to the Zoning Officer
or other appropriate agency or body.
I.
Hearings. The Board shall conduct hearings and make decisions in
accordance with the following requirements:
(1)
Notice shall be given to the public, the applicant, the Zoning Officer,
such other persons as the governing body shall designate by ordinance
and to any person who has made timely request for the same. Notices
shall be given at such time and in such manner as shall be prescribed
by ordinance or, in absence of ordinance, provision by rules of the
Board.
(2)
The hearing shall be conducted by the Board, or the Board may appoint
any member as a hearing officer.
(3)
The parties to the hearing shall be the Municipality, any person
affected by the application who has made timely appearance of record
before the Board and any other person, including civic or community
organizations permitted to appear by the Board.
(4)
The Chairman or Acting Chairman of the Board or the hearing officer
presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
(5)
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(6)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(7)
The Board or hearing officer, as the case may be, shall keep a stenographic
record of the proceedings, and a transcript of the proceedings and
copies of graphic or written material received in evidence shall be
made available to any party at cost.
(8)
The Board or hearing officer shall not communicate directly or indirectly
with any party or his representative in connection with any issue
involved, except upon notice and opportunity for all parties to participate,
shall not take notice of any communication, report, staff memoranda
or other materials unless parties are afforded an opportunity to contest
the materials so noticed and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
(9)
The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the Board fails to render the decision within 45 days after the last hearing before the Board or hearing officer or fails to hold the required hearing on the application within 60 days from the date of the applicant's request for hearing, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Municipality shall give public notice of said decision within 10 days in the same manner as provided in Subsection I(1) of this section.
(10)
A copy of the final decision or, where no decision is called
for, of the findings shall be delivered to the applicant and to all
other persons who have filed their name and address with the Board
personally or by mail not later than the day following its date.
