It shall be the duty of the Zoning Officer,
and he is hereby given the power and authority, to enforce the provisions
of this Zoning chapter.
The Zoning Officer shall examine all applications
for permits, issue permits for construction and uses which are in
accordance with the requirements of this Zoning chapter, record and
file all applications for permits with accompanying plans and documents
and make such reports as the City Council may require. Permits for
construction and uses which are a special exception or a variance
to requirements of this Zoning chapter shall be issued only upon written
order of the Zoning Hearing Board.
A.
Zoning permits.
(1)
When required. A zoning permit shall be required
prior to the erection, addition or alteration of any building, or
portion thereof, prior to the use or change in use of a building or
land, prior to the change or extension of a nonconforming use and
prior to the erection, addition or alteration of any permanent sign.
It shall be unlawful for any person to commence any of the above activities
until a zoning permit has been duly issued therefor.
(2)
Application. All applications for zoning permits
shall be accompanied by plans in duplicate, drawn to scale, showing
the actual shape and dimensions of the lot to be built upon, the exact
size and location of any buildings existing on the lot, the lines
within which the proposed building or structure shall be erected or
altered, the existing and extended use of each building or part of
a building, the number of families or dwelling units the building
is designed to accommodate and such information as may be necessary
to determine compliance with the provisions of this Zoning chapter
and all other pertinent ordinances. One copy of such plans shall be
returned to the owner, if requested, when such plans are approved
by the Zoning Officer. All applications with accompanying plans and
documents shall become a public record after a permit is issued or
denied. It shall be the responsibility of the applicant in all cases
to furnish adequate information and to certify that the proposed use
will comply with all regulations, including performance standards,
as will permit the carrying out of the provisions of this Zoning chapter.
(3)
Issuances. No zoning permit shall be issued
until the Zoning Officer has certified that the proposed building,
addition or alteration complies with all the provisions of this Zoning
chapter.
B.
Temporary permits.
(1)
A permit may be authorized by the City Council,
on the recommendation of the Zoning Hearing Board, for a temporary
nonconforming structure or use which is deemed beneficial to the public
health and general welfare or which is deemed necessary to promote
the proper development of the community; provided that such nonconforming
structure or use shall be completely removed upon expiration of the
permit without cost to the City of Sunbury. Such permits shall be
issued for a specified period of time not to exceed one year and may
be renewed annually, at the discretion of the City Council.
(2)
A temporary permit shall not be issued for any permanent structure which otherwise would require amendment of this Zoning chapter; nor shall a temporary permit be issued for any extension or enlargement of nonconforming uses which otherwise would be subject to the procedures set forth under § 175-97 of Article XII.
The Zoning Hearing Board shall hear appeals
from the decisions of the Zoning Officer, hear challenges to the validity
of this Zoning chapter or the Zoning Map, hear requests for special
exceptions, hear requests for variances and perform all other acts
and duties under and pursuant to the provisions of the Pennsylvania
Municipalities Planning Code,[1] as said code may from time to time be amended, revised
or reenacted.
A.
Appeal: challenge; application for special exception
or variance. An appeal, challenge, application for a special exception
or application for a variance shall be filed with the Zoning Officer
and shall contain, as applicable, the following:
(1)
The name and address of the appellant, challenger
or applicant.
(2)
The name and address of the owner of the real
estate affected or to be affected.
(3)
A brief description and location of the real
estate affected or to be affected.
(4)
A statement of the present zoning classification
of the real estate affected or to be affected and the present use
of said real estate.
(5)
A statement of the section of this Zoning chapter
under which the special exception requested may be allowed and the
reasons why it should be granted.
(6)
A statement of the nature of the variance requested
and the reasons why it should be granted.
(7)
A statement of the part or parts of the Zoning
chapter or the Zoning Map being challenged and the reasons for said
challenge.
(8)
A reasonably accurate description of the present
improvements and the additions intended to be made, indicating the
size of the proposed improvements, material and general construction
thereof. In addition, there shall be attached a plot plan of the real
estate to be affected, drawn to scale, showing the location and size
of the lot and size of improvements now erected and those proposed
to be erected thereon.
B.
Time limit for appeals, etc., to Zoning Hearing Board.
No person shall be allowed to file an appeal or other proceeding before
the Zoning Hearing Board later than 30 days after an application for
a permit or for other action under this Zoning chapter has been approved
or disapproved by the Zoning Officer or other appropriate municipal
officer or body, if such proceeding is designed to secure reversal
of or limit the approval or disapproval in any manner, unless such
person alleges and proves that he had no notice, knowledge or reason
to believe that such approval or disapproval had been given. If such
person has succeeded to his interest after such approval or disapproval,
he shall be bound by the knowledge of his predecessor in interest.
C.
Hearings. The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with the requirements of this Zoning
chapter and the provisions of the Pennsylvania Municipalities Planning
Code, as they may, from time to time, be amended, revised or reenacted.
(1)
A hearing shall be conducted by the Zoning Hearing
Board within 60 days after receipt, by the Zoning Officer, of an appeal,
challenge or application which has been properly completed and filed
according to the provisions of this Zoning chapter. The Board may
grant an extension of time for said hearing beyond said 60 days for
cause shown, but in no event shall it conduct said hearing later than
90 days after said receipt by the Zoning Officer.
(2)
Notice. Fourteen days' notice of the hearing
shall be given by personal service or ordinary mail to the appellant,
challenger or applicant and to any person who has made timely request
for notice. Notice shall also be published once a week for two weeks
in a newspaper of general circulation in the City of Sunbury, the
first publication to be not less than 14 days prior to the date of
the hearing. Such notice shall state the time and place of the hearing
and the particular nature of the matter to be considered at the hearing.
(3)
Decision. The Zoning Hearing Board shall render
a written decision or, when no decision is called for, make written
findings within 45 days after the last hearing before the Board. A
copy of the final decision or of the findings shall be delivered to
the appellant, challenger or applicant personally or mailed to him
by ordinary mail not later than the day following its date.
D.
Special exceptions.
(1)
In granting a special exception, the Zoning
Hearing Board may attach such reasonable conditions and safeguards,
in addition to those expressed in this Zoning chapter, as it may deem
necessary to implement the purposes of this Zoning chapter. In its
consideration of the request for a special exception, the Board shall
take into account the following:
(a)
The effect or impact of the proposed use upon
the character of the immediate neighborhood. In this regard, the Board
shall consider, among other things, the impact of the proposed use
on the value of surrounding properties and whether the proposed use
is consistent with surrounding uses.
(b)
Whether the increase in traffic resulting from
the proposed use will cause an unwarranted impact upon the immediate
neighborhood and/or whether there is a high degree of probability
that the safety and health of the immediate neighborhood or of the
community at large will be adversely affected thereby. (The Board
shall take notice that the City Council, in providing for special
exceptions in this Zoning chapter, has recognized that the use of
land for such purposes will result in an increase in traffic commensurate
with such use.)
(2)
A special exception use for which a permit is
granted by the Zoning Hearing Board pursuant to the provisions of
this Zoning chapter shall be construed to be conforming use.
E.
Variances.
(1)
In granting a variance, the Zoning Hearing Board
may attach such reasonable conditions and safeguards, in addition
to those expressed in this Zoning chapter, as it may deem necessary
to implement the purposes of this Zoning chapter. The Board may grant
a variance, provided that the following findings are made where relevant
in a given case:
(a)
That 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 that the unnecessary hardship
is due to such conditions and not the circumstances or conditions
generally created by the provisions of this Zoning chapter in the
neighborhood or district in which the property is located.
(b)
That, 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 Zoning chapter and
the authorization of a variance is therefore necessary to enable the
reasonable use of the property.
(c)
That such unnecessary hardship has not been
created by the applicant.
(d)
That 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.
(e)
That the variance, if authorized, will represent
the minimum variance which will afford relief and represent the least
modification possible of the regulation in issue.
(2)
The following factors shall be considered when
reviewing cases for variances in the Floodplain District:
(a)
Variances shall not be issued by the Board within
the designated floodway if any increase in flood levels during the
base flood discharge would result.
(b)
Variances may be issued by the Board for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the procedures of Subsection E(2)(c), (d), (e) and (f) below.
(c)
Variances shall only be issued by the Board
upon a showing of good and sufficient cause, a determination that
failure to grant the variance would result in exceptional hardship
to the applicant and a determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public or conflict with existing
local laws or ordinances.
(d)
Variances shall only be issued upon determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(e)
The Board shall notify the applicant, in writing, over the signature of a community official, that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance and that such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in Subsection E(2)(f) below.
(f)
The Board shall maintain a record of all variance
actions, including justification for their issuance, and shall report
such variances issued in its annual report submitted to the Federal
Insurance Administrator.
F.
Certificate of nonconformance. When a question arises in regard to the provisions of Article XII or when the applicant for a certificate of nonconformance wishes to appeal the decision of the Zoning Officer in regard to issuing a certificate of nonconformance, an application for a certificate of nonconformance may be made to the Zoning Hearing Board by the owner of any property which does not conform to the provisions of this Zoning chapter. Such application may be made at any time and a certificate issued upon receipt of proper information. The certificate shall set forth in detail all of the nonconforming conditions of said property. Said certificate shall be for the purpose of ensuring to such owner the right to continue a nonconforming use. A copy of the certificate shall be retained by the Zoning Hearing Board.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Zoning permits.
(1)
The fee for a zoning permit shall be $5. Such
fee shall be payable at the office of the Zoning Officer upon making
application for such permit, and no permit shall be issued until such
fee is paid.
(2)
If work which requires a permit under the provisions of this chapter is begun without first securing a permit therefor, a permit shall be obtained at a fee which shall be double that required by § 175-112A(1).
B.
The fee for a temporary zoning permit shall be $5
per year.
C.
Certificate of nonconformance. A fee of $5, payable
in advance, shall be paid to the Zoning Officer upon making application
for a certificate of nonconformance.
D.
Zoning Hearing Board.
[Amended 7-9-1990 by Ord. No. 1125]
(1)
A fee of $150 with a filing fee of $150 shall
be paid with each appeal, application for a variance, special exception,
and all other requests for the Zoning Hearing Board.
[Amended 3-22-2004]
(2)
A court stenographer shall also be present to
transcribe the proceeding before the Zoning Hearing Board. All costs
associated with the request for copies of the transcript shall be
paid by the party requesting the transcript.
E.
Changes or amendments in the Zoning chapter and/or
Zoning Map. A fee of $500, payable in advance, shall be paid for each
application for a change or amendment in the Zoning chapter and/or
Zoning Map.
[Amended 7-9-1990 by Ord. No. 1125]
F.
Statement of classification or compliance. A fee of
$50, payable in advance, shall be paid for each certified statement
of district classification of any property and/or compliance of any
property with the provisions of this chapter.
G.
Each member of the Zoning Hearing Board shall be compensated
$160 per year for service during the time of appointment.
[Added 1-14-1991 by Ord. No. 1135]
Failure to comply with any provision of this
chapter or failure to secure a permit or Zoning Hearing Board certificate,
when required, previous to the erection, construction, extension,
addition or change to a conforming or nonconforming building, use
or sign shall be a violation of this chapter.
A.
Notice of violation. When written notice of a violation
of any of the provisions of this chapter has been served by the Zoning
Officer on the owner, agent, occupant, contractor or builder, such
violation shall be discontinued immediately.
B.
Penalties. Any owner, general agent, manager, contractor,
builder, architect, tenant, lessee or occupant of an entire building
or premises in which any violation of this chapter has been committed
or shall exist, and any owner, general agent, manager, contractor,
builder, architect, tenant, lessee or occupant of any part of a building
or premises in which such violation has been committed or shall exist,
and any person who knowingly commits, participates in or permits any
such violation shall, upon conviction thereof before any Magisterial
District Judge in a summary proceeding, be sentenced for each such
violation to pay a fine not exceeding $300 and, in a default thereof,
to undergo imprisonment in the Northumberland County jail for a period
not exceeding 60 days. Whenever any such person shall have been notified
by the Zoning Officer by prosecution or in any other manner of such
violation, each day thereafter that such violation shall continue
shall constitute a separate violation hereof and may be punishable
as such hereunder.
C.
Remedies. In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted or maintained,
or any building, structure or land is used in violation of this chapter
or of any ordinance or other regulation made under authority conferred
hereby the City Council or, with the approval of the City Council,
the Zoning Officer or other official designated by the City Council,
in addition to other remedies, may institute in the name of the municipality
any appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use; to restrain, correct or abate such violation; to prevent the
occupancy of said building, structures or land; or to prevent any
illegal act, conduct, business or use in or about such premises.
