Borough of Phoenixville, PA Part 8 ADMINISTRATION AND ENFORCEMENT

§ 27-801 Statement of Intent.

[Ord. 2227, 12-10-2013]

1. The purpose and objective of the provisions established under Part 8 of this chapter is to establish specific regulations and guidelines for the administration and enforcement of this chapter.

2. Any person, partnership or corporation who or which shall violate the provisions of this chapter shall be held accountable for his/her/its actions in accordance with the provisions specified by this chapter and the Borough Code.

3. Where a conflict or discrepancy should arise concerning the procedural requirements specified within this chapter and the Pennsylvania Municipalities Planning Code, the Borough Solicitor shall review the conflict or discrepancy and advise the Borough Council, Planning Commission, Zoning Officer, Engineer and/or Zoning Hearing Board of the procedural requirements that should be followed.

4. The provisions established for administration and enforcement shall be subject to the interpretation of the Borough Zoning Officer. Should a dispute arise concerning the interpretation of these regulations, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board.

§ 27-802 Zoning Officer Responsibilities.

[Ord. 2227, 12-10-2013]

1. The provisions of this chapter shall be enforced by an agent, to be appointed by the Borough Council, who shall be known as the "Zoning Officer." The Zoning Officer shall not hold any elective office and shall continue to serve the Borough until such time as the Borough Council declares otherwise.

2. The Zoning Officer is responsible to enforce the provisions of this chapter and shall have such duties and powers as are referenced by this chapter. The Zoning Officer's duties shall include, but are not limited to, the following:

A. To receive, examine and process permit applications for zoning, land use, buildings and signs.

B. To issue permits for the construction, alteration, repair, extension, replacement, occupancy and uses of land which are in accordance with the regulations of this chapter and the Borough Code.

C. To record and file all applications for permits and accompanying plans and documents and keep them for public record.

D. To inspect nonconforming uses, buildings and lots of record by examining them periodically, with the objective of eliminating the nonconforming uses under the existing laws and regulations, and to issue certificates of occupancy for them when warranted.

E. Upon the request of the Borough Council, the Planning Commission or the Zoning Hearing Board, to present to such bodies facts, records and any similar information on specific requests to assist such bodies in reaching their decisions.

F. To be responsible to recommend periodic updates to this chapter and the Zoning Map, which is filed with the Borough, and to include any amendments thereto.

G. To keep an official record of all business and activities, including complaints of a violation of any of the provisions of this chapter and of the action taken consequent to each such complaint.

H. To forward applications for variances, special exceptions or conditional use approvals to the Planning Commission and Borough Council for review.

I. To issue permits for uses permitted by right, variance, special exception or conditional use, as specified within this chapter.

J. To perform all other duties as may be required for the administration of this chapter.

§ 27-803 Remedies and Enforcement Notice.

[Ord. 2227, 12-10-2013]

1. If it appears to the Borough that a violation of any provision of this chapter or the Borough Code or any amendment thereto, any detailed statement or a plan approved under the provisions of this chapter or any amendment thereto, or any condition of a variance or special exception granted by the Zoning Hearing Board or of a conditional use granted by the Borough Council has occurred or is occurring, the Zoning Officer may initiate enforcement proceedings by sending notice thereof. By means of the enforcement notice, the Zoning Officer may order discontinuance of illegal use of the land or structures, removal of illegal structures thereon, or discontinuance of any illegal work being done.

2. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive such a notice regarding that parcel, and to any other person requested, in writing, by the owner of record of the parcel.

3. The enforcement notice shall, at least, state the following:

A. The name of the owner of record and any other person against whom the Borough intends to take action.

B. The location of the property in violation.

C. The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter or the Borough Code.

D. The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

E. That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with the procedures set forth in this chapter and the Municipalities Planning Code.

F. That failure to comply with the notice within a time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions as described in this chapter.

§ 27-804 Building Permits, Zoning Permits, Certificates of Use and Occupancy, and Other Permits.

[Ord. 2227, 12-10-2013]

1. The following general requirements shall apply to zoning permits, building permits and certificates of use and occupancy as reviewed and issued by the Zoning Officer:

A. Persons desiring to undertake any new construction, structural or site alteration or changes in the use of a building or lot shall apply to the Borough Zoning Officer for a permit by filling out the appropriate application form and by submitting the required fee.

B. The Zoning Officer shall either issue the appropriate permit or shall refuse the permit, indicating in writing the reason for refusal. Certain construction activities, alterations or land use activities may require approval of the Borough Council, Planning Commission and/or Zoning Hearing Board.

C. If the permit is refused by the Zoning Officer, the applicant may appeal to the Zoning Hearing Board for further consideration.

D. After the permit has been received by the applicant, he may undertake the action that is specifically referenced on the approved permit application.

E. Upon completion of such action, the applicant may apply to the Zoning Officer for an occupancy permit (where such a permit is required).

F. If the Zoning Officer finds that the action of the applicant is in accordance with the zoning permit, building permit and any other required permit approvals, the Zoning Officer shall issue an occupancy permit allowing the premises to be occupied.

2. The following specific provisions shall apply to an application for a zoning permit and/or building permit within the Borough:

A. No person shall erect, alter, convert, move or add to any building, structure or sign, or alter the use of any land or structure, until the Zoning Officer issues a zoning permit and/or building permit to the person or applicant for said change or construction.

B. Unless otherwise specified by the Zoning Ordinance, a zoning permit is not required for normal maintenance and repairs.

C. The following provisions shall apply to the types of procedural requirements for a use permitted by right, special exception or conditional use:

(1) A zoning permit and/or building permit may be issued by the Zoning Officer for all uses permitted by right, subject to the provisions and requirements of the Zoning Ordinance.

(2) A zoning permit and/or building permit may be issued by the Zoning Officer for all uses permitted as part of a zoning variance application which has been approved by the Zoning Hearing Board and subject to the provisions and requirements of the Zoning Ordinance.

(3) A zoning permit and/or building permit may be issued by the Zoning Officer for all uses permitted as part of a special exception application which has been approved by the Zoning Hearing Board and subject to the provisions and requirements of the Zoning Ordinance.

(4) A zoning permit and/or building permit may be issued by the Zoning Officer for all uses permitted as part of a conditional use application which has been approved by Borough Council and subject to the provisions and requirements of the Code.

D. All applications for a zoning permit and/or building permit shall be made in writing to the Zoning Officer and shall be accompanied by three complete sets of plans, accurately drawn to scale, submitted in a format acceptable to the Zoning Officer, indicating or illustrating the following information, if applicable:

(1) The actual dimensions and shape of the lot to be built upon, as prepared by a licensed surveyor or engineer.

(2) The exact size and location on the lot of buildings, structures or signs existing and/or proposed extensions thereto, prepared by a licensed surveyor or engineer.

(3) The number of lots or dwelling units.

(4) Off-street parking spaces provided and/or loading facilities.

(5) Statement indicating the existing or proposed use.

(6) The detailed scale drawing of the structure, building, sign or other improvement, including the precise dimensions.

(7) A written agreement that the applicant is the owner of the premises on which the improvement will be conducted or that the applicant has obtained the consent of the owner of such premises to improve the property in accordance with the permit application.

(8) All other information necessary for such Zoning Officer to determine conformance with and provide for enforcement of this chapter.

E. Upon approval or disapproval of the zoning permit and/or building permit, the Zoning Officer shall return one copy of the permit application and plans to the applicant. The Zoning Officer shall indicate that the permit has been approved or disapproved by signing the application. Where appropriate, conditions of approval should be specified on the zoning permit and/or building permit application. One copy of such plans shall be retained by the Zoning Officer for his permanent records, and one copy shall be retained by the Borough.

F. Approval or denial of the requested zoning permit application or building permit application shall be made within 30 days from the date the application was considered complete by the Zoning Officer. The Zoning Officer may verbally advise an applicant of an incomplete application, and the applicant may be given an opportunity to resubmit a complete application. In denying a zoning permit application or building permit application, the Zoning Officer shall inform the applicant of the reasons for denial and specify the provision(s) of the Zoning Ordinance or other applicable provisions of the Borough Code which have not been satisfied. Applicants shall be informed of their rights of appeal and provided with all necessary information to pursue such appeals.

G. Zoning permits and/or building permits shall expire within one year from date of issuance if the work described in any permit has not begun. If the work described in any zoning permit and/or building permit has begun, said permit shall expire after one year, exclusive of any time required for administration and permitting, from date of issuance thereof, within which time said work shall be completed.

3. The following specific provisions shall apply to an application for a certificate of use and occupancy within the Borough:

A. A certificate of use and occupancy shall be required upon the completion of the work and improvements authorized as part of the zoning permit and/or building permit. It shall be unlawful to use and/or occupy any structure, building and/or portions thereof in any manner until a certificate of use and occupancy has been issued by the Zoning Officer.

B. The application for a certificate of use and occupancy shall be submitted on such form as the Zoning Officer may prescribe.

C. The Zoning Officer shall inspect any structure, building, sign, improvements and/or land or portions thereof to determine compliance with this chapter and permit requirements. If satisfied that the completed work is in conformity with this chapter and permit requirements, a certificate of use and occupancy shall be issued.

D. Upon inspection, the Zoning Officer shall either grant or deny the certificate of use and occupancy, in writing, within 15 days from the date of application or last inspection.

E. In situations in which performance standards are imposed, no certificate of occupancy shall become permanent until 30 days after the use or facility is fully operating and, following inspection by the Zoning Officer, it is determined that the facility is in compliance with the performance standards. After said inspection, the Zoning Officer shall notify the applicant that the facility is in full compliance with all performance standards and that the certificate of use and occupancy is permanent or that the facility does not comply and that the certificate of use and occupancy is still temporary. In no case shall a temporary certificate of use and occupancy extend 90 days past the date of first inspection.

F. The certificate of use and occupancy shall be kept on the premises and shall be publicly displayed in a manner required by the Borough Code.

4. The owner of the premises occupied by a lawful nonconforming use or structure may secure a certificate of nonconforming use or structure from the Zoning Officer. Such certificate shall be authorized by the Zoning Officer and shall certify to the owner his right to continue such nonconforming use or structure.

5. Pursuant to the provisions of the Borough Code, additional permits may be required by local, regional, county, state and federal agencies, which shall be issued prior to the commencement of any improvement or site activities.