This article describes application processes that allow for
meaningful review and consideration of zoning permits, including approvals
for conditional uses and special exceptions.
A.
Building permits.
(1)
Requirements. A building permit shall be required prior to the
razing, erection, enlargement and structural alteration of any building,
structure or portion thereof (including added porches, carports and
decks) and prior to the moving of a building into the Borough or from
one place in the Borough to another. A building permit is not necessary
for exterior painting or the removal and replacement of lights or
roofing shingles, siding, windows, doors, chimneys or entrances.
(2)
Application for building permit. Applications for building permits
shall be made in writing to the Zoning Officer on such forms as may
be furnished by the Borough. Such application shall include, when
deemed necessary, building and plot plans of a satisfactory nature
and shall contain all information necessary for said officer to ascertain
whether the proposed erection, alteration, use or change in use complies
with the provisions of this chapter. Application for a permit shall
be made by the owner or lessee of the building or structure or agent
of either or by the licensed engineer or architect employed in connection
with the proposed work. If the application is made by a person other
than the owner in fee, it shall be accompanied by an affidavit of
the owner or the qualified applicant or a signed statement of the
qualified applicant witnessed by the Zoning Officer or his designee
to the effect that the proposed work is authorized by the owner in
fee and that the applicant is authorized to make such application.
The full names and addresses of the owner, lessee, applicant and of
the responsible officers, if the owner or lessee is a corporate body,
shall be stated in the application.
(3)
Requisites. All applicants for building permits shall be required
to furnish with their applications and plans, as otherwise required
in this section, the following specific data:
(a)
For new structures:
[1]
The elevation of the proposed foundation and of the first floor
with reference to the nearest abutting street level; in case of a
corner lot, the elevation should be given as to both the front and
side street, alley or highway abutting thereon.
[2]
Dimensions of all existing and proposed structures.
[3]
All required setbacks, yards and existing easements.
[4]
The nearest available sanitary and drainage sewers and the elevation
of the basement and first floor above both the sanitary and drainage
sewers with which connection is to be made for service of the property.
[5]
The information required shall be furnished by profile plans
or other data of a satisfactory nature sufficient to satisfy the above
requirements. Failure to furnish such information and satisfactory
proof that suitable sewerage and drainage facilities will be available
shall constitute grounds for denial of a building permit.
(b)
For additions, alterations and decks, porches and landscape
structures.
[1]
The nature, location, dimension and kinds of materials shall
be furnished as part of the building permit application for all additions
and alterations including decks, porches and landscape structures.
All such structures shall conform to lot and yard requirements.
[2]
Dimensions of all existing and proposed structures.
[3]
All required setbacks, yards and existing easements.
[4]
Adequate information, plans and other data shall be required
to provide for privacy and quiet of adjacent landowners by the use
of solid screen fences, buffers of landscaping or changes in elevation.
(4)
Industry approval. Any application for a permit for a building
the construction or alteration of which requires the approval of the
Pennsylvania Department of Labor and Industry shall be accompanied
by satisfactory evidence that said Department has approved the plans
for said building.
B.
Expiration of building permits. No permit for the erection, razing,
change, alteration or removal of a building or for the construction
of decks, porches or landscape structures shall be valid or effective
after six months from the date of issuance thereof and shall thereafter
be void, unless the work authorized by the permit shall have been
substantially commenced within six months from the date of issuance
and carried on with due diligence. If, however, the applicant has
been delayed in proceeding with the work for which the permit was
granted by reason of any reasonable cause not due to his own negligence,
the permit may be renewed without additional cost to the applicant.
C.
Zoning permits.
(1)
No structure or building shall be erected, added to or otherwise
have any structure alterations made to it and no use listed in this
chapter may be established or changed until a zoning permit has been
issued by the Borough. No zoning permit shall be issued for any structure
or building where said construction, addition, structural alteration
or use thereof would be in violation of any of the provisions of this
chapter. Any zoning permit issued in conflict with the provisions
of this chapter shall be null and void. A zoning permit need not precede
subdivision or land development applications.
(a)
Application requirements. All applications for zoning permits
shall be made in writing by the owner, tenant, vendee under contract
of sale or authorized agent on a form supplied by the Borough and
shall be filed with the Zoning Officer. The application shall include
four copies of the following information:
[1]
A statement as to the proposed use of the building or land.
[2]
A site layout drawn to scale showing the location, dimensions
and height of proposed buildings, structures or uses and any existing
buildings in relation to property and lot lines. If the application
relates to property scheduled to be developed in successive stages,
such plans shall show the relationship of the portion scheduled for
initial developments to the proposed layout of the entire property.
[3]
The location, dimensions and arrangements of all open spaces
and yards, including methods to be employed for screening.
[4]
The location, size, arrangement and capacity of all areas to
be used for motor vehicle access, off-street parking, off-street loading
and unloading and provisions to be made for lighting such areas.
[5]
The dimensions, location and methods of illumination for signs,
if applicable.
[6]
The location and dimensions of sidewalks and all other areas
to be devoted to pedestrian use.
[7]
Provisions to be made for treatment and disposal of sewage and
industrial wastes, water supply and storm drainage.
[8]
The capacity and arrangement of all buildings used or intended
to be used for dwelling purposes, including the proposed density in
terms of number of dwelling units per acre of land.
[9]
A description of any proposed industrial or commercial operations
in sufficient detail to indicate effects of those operations in producing
noise, glare, air pollution, water pollution, fire hazards, traffic
congestion or other safety hazards.
[10]
Description of methods to be employed in controlling
any excess noise, air pollution, smoke, fumes, water pollution, fire
hazards or other safety hazards as determined from review of operations.
[11]
Any other data deemed necessary by the Zoning
Officer to enable him to determine the compliance of the proposed
development with the terms of this chapter.
(2)
A decision either approving or disapproving an application for
a zoning permit shall be rendered within 90 days after the application
is filed. Any disapproval of the application shall contain a brief
explanation setting forth the reasons for the disapproval and the
manner in which the application can be corrected and/or modified to
obtain the required approval. If no decision is rendered on the application
within 90 days, the application shall be deemed to have been granted
immediately, unless the application has agreed, in writing, to an
extension of time.
D.
Certificate of occupancy.
(1)
Requirements.
(a)
No building or part thereof hereafter erected, altered, enlarged
or changed in use shall be occupied or used without a certificate
of occupancy issued by the Zoning Officer, certifying that the work
has been inspected and approved as being in conformity with the building
permit, the provisions of this chapter and other applicable ordinances.
(b)
A new certificate of occupancy shall be required for all change
of occupancy through sale of property or for continued occupancy of
any structure determined uninhabitable by the Building Inspector until
the same is brought up to acceptable standards.
(2)
Application.
(a)
Upon completion of any erection, movement, alteration or razing
of a building and prior to the use or occupancy of the property, the
holder of the building permit shall notify the Zoning Officer of said
completion and shall request issuance of a certificate of occupancy.
(b)
The owner or occupant of a parcel of land or an existing structure who desires to change the use of said land or structure without alterations requiring a building permit shall apply for a certificate of occupancy on such forms as the Borough may provide, setting forth the existing and proposed uses of said land or structure. In accordance with the requirements in Subsection D(1) above, the owner or occupant of any nonconforming use shall apply for a certificate of occupancy within six months after the effective date of this chapter. Such application shall constitute registration of the nonconforming use. It shall be the duty of the Zoning Officer to notify owners or occupants of nonconforming uses of the provisions of this section.
E.
Fees. Fees for permits shall be paid in accordance with a fee schedule
to be adopted by resolution of Council, and all such fees shall be
paid to the Borough for deposit into the Borough Treasury. Each applicant
for an appeal, special exception, variance or other procedures requiring
a fee shall, at the time of making application, pay a fee, in accordance
with the aforementioned fee schedule, for the cost of advertising
and mailing notices as required by this chapter.
F.
Schedule of fees.
(1)
The Council shall by resolution establish a schedule of fees
and shall post said schedule conspicuously in the Borough Building.
(2)
No permit, certificate, application or variance shall be issued
unless or until such costs, charges, fees or expenses as established
by such resolution have been paid in full; nor shall any action be
taken by the Council and/or Zoning Hearing Board take action unless
or until preliminary charges and fees have been paid in full.
G.
Amendments.
(1)
Power to amend. The regulations, restrictions, boundaries and
requirements set forth in this chapter may, from time to time, be
amended, supplemented, changed or repealed through amendment by the
Borough Council in accordance with the procedures and applicable requirements
of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
H.
Variances.
(1)
The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The Zoning Hearing Board may by rule
prescribe the form of application and may require preliminary application
to the Zoning Officer. The Zoning Hearing Board may grant a variance,
provided that all of 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 the zoning ordinance 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 the zoning ordinance and that 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 appellant.
(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 that will afford relief and will represent the least modification
possible of the regulation in issue.
(2)
A variance from the terms of this chapter shall not be granted
by the Zoning Hearing Board unless and until:
(b)
The required fees are paid.
(c)
Public notice by advertising shall be given at least two weeks
in advance of the hearing. The owner of the property for which the
variance is sought or his agent shall be notified by mail.
(d)
The hearing shall be held. Any party may appear in person, or
by agent or by attorney.
(e)
The Zoning Hearing Board shall make findings that the requirements
of this section have been met by the applicant for the variance.
(f)
The Zoning Hearing Board shall further make a finding that the
reasons set forth in the application justify the granting of the variance,
and that the variance is the minimum variance that will make possible
the reasonable use of the land, building or structure.
(g)
The Zoning Hearing Board shall further make a finding that the
granting of the variance will be in harmony with the general purpose
and intent of this chapter and will not be injurious to the neighborhood,
or otherwise detrimental to the public welfare.
(h)
In granting any variance, the Zoning Hearing Board may prescribe
appropriate conditions and safeguards in conformity with this chapter.
Violation of such conditions and such safeguards, when made a part
of the terms under which the variance is granted, shall be deemed
a violation of this chapter.
(i)
Under no circumstances shall the Zoning Hearing Board grant
a variance to allow a use not permissible under the terms of this
chapter in the district involved, or any use expressly or by implication
prohibited by the terms of this chapter in said district.
I.
Purpose of rezoning.
(1)
The purpose of rezoning is to protect the safety, capacity and
efficiency of the Borough's existing infrastructure systems; to maintain
fiscal responsibility; and to uphold the objectives of the Baldwin
Comprehensive Plan.
(2)
Rezoning considerations shall be based on the projected benefits
and/or detrimental effects to the Borough of Baldwin as a whole.
J.
Rezoning application forms.
(1)
All applicants submitting rezoning applications shall demonstrate
the compatibility of a rezoning proposal.
K.
Review of rezoning applications.
(1)
The Zoning Officer shall review the application in compliance
with the following procedural guidelines:
(a)
Upon receipt of a rezoning application, the Zoning Officer will
perform a desk check review of the package to determine the completeness
of the application.
(b)
The Zoning Officer will provide the applicant a letter within
seven business days stating that the application has been submitted
with all required information attached.
(c)
If the Zoning Officer finds the application to be incomplete
or insufficient, the rezoning application will be returned to the
applicant.
(d)
When the rezoning application is found to be complete, the Zoning
Officer shall compile a report and forward the application package
and report to the Planning Commission for review.
(2)
As part of the rezoning approval process, the Planning Commission
and Council shall consider the motivation and implications of each
plan, analysis and report.
(3)
The Planning Commission shall review the application in compliance
with the following procedural guidelines:
(a)
If the rezoning proposal is found to be generally consistent
with the Comprehensive Plan, the Planning Commission shall consider
any projected beneficial and/or detrimental effects on the Borough.
The Planning Commission may host a public hearing on the application
if they deem it applicable.
(b)
Based on these analyses, the Planning Commission shall submit
a written recommendation either in favor or not in favor of the rezoning
proposal including a specific statement as to whether or not the proposed
rezoning is in accordance with the objectives of the Borough Comprehensive
Plan.
(4)
The final recommendation of the Planning Commission shall be
forwarded to the Council.
(5)
Upon receipt of the Planning Commission's final recommendations,
the Council may review and consider for adoption the proposed zoning
map amendment, in accordance with the requirements of the Municipalities
Planning Code.
L.
Application criteria.
(1)
Application requirements. The following outlines the plans,
analyses and reports that a landowner and/or developer shall submit
as part of rezoning applications. The plans, analyses and reports
to be submitted include:
(a)
Site plan.
(b)
Estimated infrastructure (sanitary sewer and potable water)
demands (gallons per day).
(c)
Off-street parking projections (number of parking spaces) available
on site.
(d)
A summary of anticipated impacts on adjoining lots including
but not limited to noise, vibration, night-time lighting, service
area locations and visibility, hours of operation.
(e)
Depending upon the location of lot access, infrastructure service/demands
and impacts on adjoining lots, the Council may require a landowner
and/or developer to prepare other potential related studies.
M.
Additional information. The Planning Commission and the Council reserve
the right to request additional information as part of the rezoning
review and approval process in order to evaluate the applicability
of the rezoning.
N.
Enactment of zoning ordinance amendments.
(1)
The Council may amend, supplement, or repeal any of the regulations
and provisions of this chapter as set forth in Pennsylvania Municipalities
Planning Code.
(2)
The Council will conduct hearings and make decisions in accordance
with the Pennsylvania Municipalities Planning Code. Before voting
on the enactment of an amendment, the Council shall hold a public
hearing thereon, pursuant to public notice and pursuant to mailed
notice and electronic notice to an owner of a tract or parcel of land
located within the borough, or an owner of the mineral rights in a
tract or parcel of land within the municipality who has made a timely
request in accordance with Pennsylvania Municipalities Planning Code
Section 109.[2]
[2]
Editor's Note: See 53 P.S. § 10109.
(3)
In the case of an amendment other than that prepared by the
Planning Commission, the Council shall submit each such amendment
to the Planning Commission to provide the Planning Commission an opportunity
to submit recommendations.
(4)
If, after any public hearing held upon an amendment, the proposed
amendment is changed substantially, or is revised to include land
previously not affected by it, the Council shall hold another public
hearing, pursuant to mailed and electronic public notice as specified
by the Pennsylvania Municipalities Planning Code, before proceeding
to vote on the amendment.
(5)
Prior to the public hearing on the amendment by the Council,
the amendment shall be forwarded to Allegheny County and surrounding
municipalities for recommendations.
(6)
A copy of the adopted amendment to this chapter shall be forwarded
to Allegheny County for record.
O.
Procedure for landowner curative amendments.
(1)
A landowner and/or developer who desires to challenge on substantive
grounds the validity of this chapter or the Official Zoning Map or
any provision thereof, which prohibits or restricts the use or development
of land in which he has an interest may submit a curative amendment
to the Council with a written request that his challenge and proposed
amendment be heard and decided as provided in § 916.1 of
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.1.
The curative amendment and challenge shall be referred to the Planning
Commission and the county planning agency as provided in § 609
of the Pennsylvania Municipalities Planning Code and notice of the
hearing thereon shall be given as provided in § 610 and
§ 916.1 of the Municipalities Planning Code, 53 P. S. §§ 10609,
10610, and 10916.1.
(2)
The Council will conduct hearings and make decisions in accordance
with the Pennsylvania Municipalities Planning Code. If the Borough
does not accept a landowner and/or developer's curative amendment
brought in accordance with this subsection and a court subsequently
rules that the challenge has merit, the court's decision shall not
result in a declaration of invalidity for this entire chapter and
Official Zoning Map, but only for those provisions which specifically
relate to the landowner's curative amendment and challenge.
(3)
The Council, if it determines that a validity challenge has
merit, may adopt landowner's curative amendment, with or without revision,
or may adopt an alternative amendment which will cure the challenged
defects. The Council shall consider the curative amendments, plans
and explanatory material submitted by the landowner and shall also
consider:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, school and other public service facilities;
(b)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of this chapter or Official Zoning Map;
(c)
The suitability of the lot for the intensity of use proposed
by the lot's soils, slopes, woodlands, wetlands, floodplains, aquifers,
natural resources and other natural features;
(d)
The impact of the proposed use on the lot's soils, slopes, woodlands,
wetlands, floodplains, natural resources and natural features, the
degree to which these are protected or destroyed, the tolerance of
the resources to development and any adverse environmental impacts.
P.
Procedure for Borough curative amendments.
(1)
If the Borough determines that this chapter, or any portion
hereof, is substantially invalid, it shall take the following actions:
(a)
The Borough shall declare, by formal action, this chapter or
portions hereof substantially invalid and propose to prepare a curative
amendment to overcome such invalidity. Within 30 days following such
declaration and proposal, Council shall:
(b)
Council will conduct hearings and make decisions in accordance
with the Pennsylvania Municipalities Planning Code.
A.
Enforcement notice.
(1)
If it appears to the Borough that a violation of this chapter
has occurred, the Borough shall initiate enforcement proceedings by
sending an enforcement notice as provided in this chapter.
(2)
The enforcement notice shall be sent to the owner of the lot
on which the violation has occurred, to any person who has filed a
written request to receive enforcement notices regarding that lot,
and to any other person requested in writing by the owner of record.
(3)
An enforcement notice shall state at least 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 lot 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.
(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 the timeframe as defined by the enforcement
notice.
(f)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
B.
Remedies.
(1)
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney fees incurred by the
Borough as a result thereof. No judgment shall commence or be imposed,
levied or be payable until the date of the determination of a violation
by the district justice. If the defendant neither pays nor timely
appeals the judgment, the Borough may enforce the judgment pursuant
to the applicable rules of civil procedure. Each day that a violation
continues shall constitute a separate violation, unless the district
justice determining that there has been a violation further determines
that there was a good faith basis for the person, partnership or corporation
violating this chapter to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the district justice and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation of this chapter shall be
paid over to the Borough.
(2)
The court of common pleas, upon petition, may grant an order
of stay, upon cause shown, tolling the per diem fine pending a final
adjudication of the violation and judgment.
(3)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
