This Zoning Ordinance shall apply throughout the Borough of Bridgeport. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See § 560-3A.
This chapter is hereby adopted:
B.
In accordance with goals and objectives of the Bridgeport
Borough Comprehensive Plan; and
C.
To carry out the following community development objectives:
(2)
To strengthen and stabilize residential neighborhoods
and protect homes from incompatible or overly dense development;
(3)
To meet obligations under state law to provide for
all types of housing, while emphasizing types that are most likely
to involve owner occupancy;
(4)
To promote new business investment in appropriate
locations, particularly to strengthen the downtown and reuse older
industrial buildings;
(5)
To make the best use of the limited amount of buildable
land within Bridgeport and encourage redevelopment where appropriate;
(6)
To carefully control the types and intensities of
new business development near neighborhoods;
(7)
To work to minimize parking shortages;
(8)
To protect flood-prone areas, wetlands and the banks
of the Schuylkill River from inappropriate development;
(9)
To work to improve the visual attractiveness of the
Borough, which can help attract business development and residents;
(10)
To promote the use of walking, bicycling and
mass transit;
(11)
To minimize regulations upon routine changes,
particularly to avoid the need for zoning variances on matters that
were commonly approved under the previous zoning ordinance; and
(12)
To recognize that all land areas in Bridgeport
are within close proximity to homes or the Schuylkill River, which
limits the Borough's ability to provide for the heaviest uses.
A.
Applicability.
(1)
Any of the following activities or any other activity
regulated by this chapter shall only be carried out in conformity
with this chapter:
(2)
Zoning permit: A zoning permit indicates that a zoning
application complies with this chapter to the best knowledge of the
applicable Borough staff.
(3)
Certificate of use and occupancy.
(a)
It shall be unlawful to use and/or occupy any
structure, sign, land area or portion thereof for which a zoning permit
is required until a certificate of use and occupancy for such activity
has been issued by the Borough staff.
(b)
The Borough staff may permit the zoning permit
application to serve as the application for the certificate of use
and occupancy.
(c)
The certificate of use and occupancy shall only
be issued by the Zoning Officer if the Zoning Officer determines that
the activity complies with this chapter, to the best knowledge of
the Zoning Officer. The Borough may also withhold issuance of the
certificate until there is compliance with other Borough ordinances.
(d)
The applicant shall keep a copy of the certificate
of use and occupancy available for inspection.
B.
Repairs and maintenance: Ordinary repairs and maintenance
to existing structures shall not by itself be regulated by this chapter.
Examples of such work include replacement of a roof or porch that
does not involve enclosure of space. (However, a construction permit
may be needed for such work.)
C.
Types of uses.
(1)
Permitted by right uses: The Zoning Officer shall
issue a permit under this chapter in response to an application for
a use that is "permitted by right" if it meets all of the requirements
of this chapter.
(2)
Special exception use: A permit under this chapter
for a use requiring a special exception shall be issued by the Zoning
Officer only in response to a written approval by the Zoning Hearing
Board following a hearing.
(3)
Application requiring a variance: A permit under this
chapter for a use requiring a variance shall be issued by the Zoning
Officer only in response to a written approval by the Zoning Hearing
Board following a hearing.
D.
Applications.
(1)
Submittal: All applications for a zoning permit or
a decision by the Zoning Hearing Board shall be made in writing on
a form provided by the Borough. Such completed application, with required
fees, shall be submitted to a designated Borough staff person. The
application shall be signed and authorized by the landowner or lessee
of the landowner with written permission of the landowner.
(2)
Site plan: The applicant shall submit a minimum of
five copies of a site plan with the application if the application
involves a new principal building, expansion of a principal building
or addition of three or more parking spaces. The site plan shall show
all information stated on the application materials plus any additional
information that the Zoning Officer states is necessary to determine
compliance with this chapter.
E.
Issuance of permits:
(1)
At least one copy of each permit application and any
other zoning approval shall be retained in Borough files.
(2)
PennDOT permit: Where necessary for access onto a
state road, a Borough zoning or building permit shall be automatically
conditioned upon issuance of a PennDOT highway occupancy permit.
F.
Revocation of permits; appeal of permit or approval.
(1)
Revocation: The Zoning Officer shall revoke, withhold
or suspend a permit or approval issued under the provisions of the
Zoning Ordinance in case of one or more of the following:
(a)
Any false statement or misrepresentation of
fact in the application or on the plans on which the permit or approval
was based. (Note: The Pennsylvania Criminal Code provides for penalties
for providing false information to a municipal employee in the carrying
out of his/her duties.)
(b)
Upon violation of any condition lawfully imposed
by the Zoning Hearing Board upon a special exception use or variance.
(c)
Any work being accomplished or use of land or
structures in such a way that does not comply with this chapter or
an approved site plan or approved permit application.
(d)
For any other just cause set forth in this chapter.
(2)
Appeals. A party with legitimate standing, or as otherwise
provided by state law, may appeal decisions under this chapter within
the provisions of the State Municipalities Planning Code. Any such
appeal shall occur within the time period established in the State
Municipalities Planning Code (as of the adoption date of this chapter,
such provisions were in Sections 914.1 and 1002.A[1]).
[1]
Editor's Note: See 53 P.S. §§ 10914.1
and 11002-A.
G.
Zoning permit for temporary uses and structures.
(1)
A zoning permit for a temporary use or structure may
be issued by the Zoning Officer for any of the following:
(a)
Customary, routine and accessory short-term
special events, provided that only a well-established organization
or a permitted place of worship proposing a temporary use to clearly
primarily serve a charitable, public service or religious purpose
shall be eligible to receive approval for commercial-type activities
in a district where a commercial use would not otherwise be permitted,
and provided such approval shall be limited to a maximum total of
15 days and shall not occur more than twice per year; and
(b)
Temporary storage and office trailers that are
necessary to serve on-site construction, while such construction is
actively underway.
A.
After receiving a proper application, the Zoning Officer
shall either issue the applicable permit(s) or deny the application(s)
as submitted, indicating one or more reasons.
B.
After the permit under this chapter has been issued,
the applicant may undertake the action specified by the permit, in
compliance with other Borough ordinances. However, it is recommended
that applicants wait 30 days to begin construction if there is a possibility
of an appeal by another party to have the permit revoked. Any commencement
of construction or a use within this thirty-day appeal period shall
be at the risk of the applicant.
A.
Minimum requirements. Where more than one provision
of this chapter controls a particular matter, the provision that is
more restrictive upon uses and structures shall apply. The provisions
of this chapter are in addition to any other applicable Borough ordinance.
All of the enforcement, violations and penalty
provisions of the State Municipalities Planning Code, as amended,
are hereby incorporated into this chapter by reference. (Note: As
of the adoption date of this chapter, these provisions were primarily
in Sections 616.1, 617 and 617.2 of such Act.)
A.
Violations: Any person who shall commit or who shall
permit any of the following actions violates this chapter:
(1)
Failure to secure a zoning permit prior to a change
in use of land or structure, or the erection, construction or alteration
of any structure or portion thereof, or the excavation of land to
prepare for the erection, construction or alteration of any structure
or portion thereof.
(2)
Placement of false statements on or omitting relevant
information from an application for a zoning permit.
(3)
Undertaking any action in a manner which does not
comply with a zoning permit.
(4)
Violation of any condition imposed by a decision of
the Zoning Hearing Board in granting a variance or special exception
or other approval.
B.
Enforcement notice: If the Zoning Officer has reason
to believe that a violation of a provision of the Zoning Ordinance
has occurred, the Zoning Officer shall initiate enforcement proceedings
by sending an enforcement notice as provided in Section 616.1 of the
State Municipalities Planning Code. Prior to sending an official enforcement
notice, the Zoning Officer may at his/her option informally request
compliance.
C.
Time limits: An official enforcement notice shall
state the deadline to complete bringing the property into compliance
with this chapter and shall state that the applicant has 30 days from
the receipt of the notice to appeal to the Zoning Hearing Board.
D.
Causes of action; enforcement remedies: The causes
of action and enforcement remedies provisions of the State Municipalities
Planning Code, as amended, are hereby incorporated by reference. (Note:
As of the adoption date of this chapter, such provisions were in Section
617 of such law.[1])
(1)
Enforcement action. If the enforcement notice is not
complied with promptly, the Zoning Officer shall notify Borough Council.
Borough Council may request the Borough Solicitor to institute in
the name of the Borough any appropriate action or proceeding at law
or in equity to prevent, restrain, correct or abate such violation
or to require the removal or termination of the unlawful use of the
structure, building, sign, landscaping or land in violation of the
provisions of this chapter or the order or direction made pursuant
thereto. Borough Council may also direct the Zoning Officer or Borough
Solicitor to institute a civil enforcement proceeding before a Magisterial
District Judge.
(2)
Violations and penalties. Any person who 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 the reasonable attorney's 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 Magisterial District Judge. 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 a Magisterial District Judge determining that there has been
a violation further determines that there was a good faith basis for
the person 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 Magisterial District Judge,
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorney's
fees collected for the violation of this chapter shall be paid over
to the Borough for the general use of the Borough.
(3)
Remedies: In case any building, structure, sign or
landscaping is erected, constructed, reconstructed, altered, repaired,
converted or maintained; or any building, structure, sign or land
is used; or any hedge, shrub, tree or other growth is maintained in
violation of this chapter or of any of the regulations made pursuant
thereto or any of the permits or certificates of use and occupancy
issued under this chapter or any conditions imposed upon the grant
of a special exception or variance by the Zoning Hearing Board, then,
in addition to any other remedies provided by law, any appropriate
action or proceeding may be instituted or taken to prevent or restrain
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use or to prevent any illegal act,
conduct, business or use in and about such premises.
[1]
Editor's Note: See 53 P.S. § 10617
et seq.
E.
Enforcement evidence: In any appeal of an enforcement
notice to the Zoning Hearing Board, the Borough shall have the responsibility
of presenting its evidence first.
A Borough fee schedule for permits and applications
may be established and amended by written resolution of Borough Council.
No application or appeal shall be considered filed until all fees
are paid and all required information and plans have been received
by the Zoning Officer.[1]
[1]
Editor's Note: The current fees resolution
of the Borough is on file in the office of the Borough Secretary.
Within the requirements of the State Municipalities
Planning Code, Borough Council may amend or repeal any or all portions
of this chapter on its own motion or after agreeing to hear a written
request of any person, entity, landowner or the Planning Commission.
A.
Notice: In addition to requirements under state law,
the Borough should, but is not required to, provide notice to the
last known address of the last known principal owner of record of
each property that is immediately adjacent to or immediately across
a street or within 100 feet from a property which is proposed to be
changed to a different zoning district as part of a zoning amendment.
However, failure to provide such notice shall not be grounds for an
appeal. This provision for notice shall not apply to a new Zoning
Ordinance. The applicant for a zoning amendment shall submit the last
known name and address of each landowner within such surrounding area.[1]
A.
Appointment: The Zoning Officer shall be appointed
by Borough Council. The Zoning Officer may designate other Borough
staff persons to serve as Assistant Zoning Officer(s). Such designations
shall be subject to concurrence by Borough Council. Assistant Zoning
Officers may serve with the same authority and duties as the Zoning
Officer. The Zoning Officer shall not hold any elective office within
the Borough but may hold other appointed offices.
B.
Duties and powers: The Zoning Officer's duties and
powers shall include the following:
(1)
Administer the Zoning Ordinance in accordance with
its literal terms, including to receive and examine all applications
required under the terms of this chapter, and issue or refuse permits
within the provisions of this chapter;
(2)
Conduct inspections to determine compliance and receive
complaints of violation of this chapter;
(3)
Keep records of applications, permits, certificates,
written decisions and variances granted by the Board and of enforcement
orders, with all such records being the property of the Borough and
being available for public inspection;
(4)
Review proposed subdivisions and land developments
for compliance with this chapter; and
(5)
Take enforcement actions as provided by the State
Municipalities Planning Code, as amended.
A.
Membership of Board: The Zoning Hearing Board shall
consist of three residents of the Borough appointed by Borough Council.
The existing terms of office shall continue, with terms of office
being three years, and with the terms being so fixed that the term
of office of one member shall expire each year. Members of the Board
shall hold no other office in the Borough.
(1)
Alternate members: Borough Council may appoint alternate
members of the Zoning Hearing Board within the applicable provisions
of the State Municipalities Planning Code. (Note: As of the adoption
date of this chapter, such provisions were in Section 903(b) of such
Act.[1])
[1]
Editor's Note: See 53 P.S. § 10903(b).
B.
Vacancies: Appointments to fill vacancies shall be
only for the unexpired portion of a term.
C.
Organization: The applicable provisions of the State
Municipalities Planning Code, as amended, shall apply. (As of the
adoption date of this chapter, these provisions were in Sections 906(a),
(b) and (c) of such Act.)
D.
Zoning Hearing Board jurisdiction and functions: The
Zoning Hearing Board shall be responsible for the following.
(1)
Appeal of a decision by the Zoning Officer.
(2)
Challenge to the validity of the Ordinance or Map:
The applicable provisions of the State Municipalities Planning Code,
as amended, shall apply. (Note: As of the adoption date of this chapter,
these provisions were primarily in Sections 909.1 and 916 of such
Act.)
(3)
Variance:
(a)
The Board shall hear requests for variances
filed with the Borough staff in writing.
(b)
Standards: The Board may grant a variance only
within the limitations of state law. [Note: As of the adoption date
of this chapter, the Municipalities Planning Code provided that all
of the following findings must be made, where relevant:
[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 that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or 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 the Zoning Ordinance, and a variance
is therefore necessary to enable the reasonable use of the 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; and
[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.]
(c)
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.
(4)
Special exception:
(a)
The Board shall hear and decide requests for all special exceptions filed with the Borough staff in writing. The Board shall only permit a special exception that is authorized by this chapter. See § 560-15.
(b)
Conditions: In granting a special exception,
the Zoning Hearing Board may attach such reasonable conditions and
safeguards, in addition to those expressed in the chapter, as it may
deem necessary to implement the purposes and intent of this chapter.
(5)
Persons with disabilities. After the Zoning Officer
receives a complete written application, the Zoning Hearing Board
shall grant a special exception allowing modifications to specific
requirements of this chapter that the applicant proves to the satisfaction
of the Zoning Hearing Board are necessary to provide a "reasonable
accommodation" under applicable federal law to serve persons who the
applicant proves have "disabilities" as defined in and protected by
such laws.
(a)
Such reasonable accommodations shall be requested
in accordance with the United States Fair Housing Amendments Act of
1988, 42 U.S.C. § 3601 et seq., or the Americans with Disabilities
Act, 42 U.S.C. § 12101 et seq., and the federal regulations
adopted pursuant to such statutes, as amended.
(b)
If the applicant is requesting a reasonable
accommodation under the United States Fair Housing Amendments Act
of 1988 or the Americans with Disabilities Act, the applicant shall
identify the disability which is protected by such statutes, the extent
of the modification of the provisions of this chapter necessary for
a reasonable accommodation, and the manner by which the reasonable
accommodation requested may be removed when such person with a protected
disability no longer will be present on the property.
G.
Time limits on permits and approvals.
(1)
After a variance is approved, a Zoning Hearing Board
decision is issued or other zoning approval is officially authorized,
then any applicable zoning and building permits shall be secured by
the applicant within 12 months after the date of such approval, decision
or authorization. The work authorized by such permits shall then be
completed within 12 months after the issuance of the permits.
(2)
Extension: In response to an applicant stating good
cause in writing, the Zoning Officer may extend in writing the time
limit for completion of work to a maximum total of 36 months after
permits are issued.
(3)
If an applicant fails to obtain the necessary permits
or begin construction within the above time periods, or allows interruptions
in substantial construction of longer than 12 months, the Zoning Officer
may conclusively presume that the applicant has waived, withdrawn
or abandoned approvals and permits under this chapter and may consider
all such approvals and permits to have become null and void.
The following requirements shall apply to procedures,
hearings and decisions of the Zoning Hearing Board.
A.
Notice of hearings: Notice of all hearings of the
Board shall be given as follows:
(1)
Ad: Public notice (as defined by Section 107 of the
State Municipalities Planning Code) shall be published. The notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered.
(2)
Posting: Notice of such hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing. The Borough staff shall post the property. It is the responsibility
of the applicant to make sure that such notice remains posted until
the hearing.
(3)
Persons given notice: The Borough shall provide written
notice to the applicant of the time and place of the hearing. The
Borough should also provide notice to the President of Borough Council.
In addition, the Borough should provide notice to the last known address
of the last known principal owner of record of each property that
is immediately adjacent to or immediately across a street or within
100 feet from the subject property. However, failure to provide such
notice shall not be grounds for an appeal. Also, such notice shall
be given to any other person or group (including civic or community
organizations) who has made a written timely request for such notice.
Any such notices should be mailed or delivered to the last known address.
B.
Initiation of hearings: A hearing required under this
chapter shall be initiated within 60 days of the date of an applicant's
request for a hearing, unless the applicant has agreed in writing
to an extension of time.
C.
Decision/findings:
(1)
The Board shall render a written decision on each
application within 45 days after the last hearing on that application
before the Board, unless the applicant has agreed in writing to an
extension of time.
(2)
The decision shall be accompanied by findings of fact
and conclusions based thereon, together with the reasons for such
conclusions.
(3)
References shall be provided to the most pertinent
section(s) of this chapter and/or the State Municipalities Planning
Code.
D.
Notice of decision: A copy of the final decision shall
be personally delivered or mailed to the applicant or his/her representative
or their last known address not later than the time limit established
by the State Municipalities Planning Code, as amended. [Note: As of
the adoption date of this chapter, such provisions were within Sections
908(9) and 908(10) of such Act, including provisions regarding notice
to other parties.[1]]
[1]
Editor's Note: See 53 P.S. §§ 10908(9)
and 10908(10).
The provisions for appeals to court that are
stated in the State Municipalities Planning Code, as amended, shall
apply. (Note: As of the adoption date of this chapter, these provisions
were in Sections 1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A
of such Act.[1])
[1]
Editor's Note: See 53 P.S. §§ 11001-A,
11002-A, 11003-A, 11004-A, 11005-A and 11006-A.
See the provisions of the State Municipalities
Planning Code, as amended. (Note: As of the adoption date of this
chapter, such provisions were within Section 619 of such Act.[1])
[1]
Editor's Note: See 53 P.S. § 10619.
The minimum lot area, minimum lot width and
minimum street frontage requirements of this chapter shall not apply
to uses or structures owned by Bridgeport Borough or by a municipal
authority created solely by Bridgeport Borough for uses and structures
that are intended for a municipal use, public recreation, public utility,
stormwater or public health and safety purpose.
A.
Purpose: The special exception process is designed
to allow careful review of uses that have some potential of conflicts
with adjacent uses or areas.
B.
Special exception procedure.
C.
Consideration of special exception applications: When
special exceptions are provided for in this chapter, the Board shall
hear and decide requests for such special exceptions in accordance
with stated standards and criteria. The Board may grant approval of
a special exception, provided that the applicant complies with the
following standards for special exceptions. The burden of proof shall
rest with the applicant.
(1)
Compliance with this chapter: The applicant shall
establish by credible evidence that the use will comply with the requirements
of this chapter.
(2)
Traffic: The applicant shall establish by credible
evidence that the proposed activity shall be properly serviced by
the street system. The peak traffic generated by the subject of the
application shall be accommodated in a safe and efficient manner,
after consideration of any improvements proposed to be constructed
or funded by the applicant.
(3)
Site planning: The applicant shall establish by credible
evidence that the proposed special exception shall be properly designed
with regard to internal circulation, parking, buffering so as to be
compatible with adjacent land uses and adjacent streets and sidewalks.
(4)
Neighborhood: The proposed special exception shall
not substantially injure or detract from the use of neighboring property
or from the desirable character of the neighborhood. The proposed
use shall not cause significant nuisances to adjacent properties.
(5)
Safety: The applicant shall establish by credible
evidence that the proposed use will not create a significant hazard
to the public health and safety, such as fire, toxic or explosive
hazards.
D.
Conditions: In granting a special exception, the Board
may require such reasonable conditions and safeguards (in addition
to those expressed in this chapter) as it determines are necessary
to implement the purposes of this chapter.
(1)
Any special exception approval may be conditioned
upon compliance with all applicable Borough, state and federal ordinances,
statutes and regulations.
(2)
Conditions imposed by the Zoning Hearing Board shall
automatically become conditions of the building permit issued pursuant
thereto, and any failure to comply with said conditions shall be a
violation of this chapter.
A.
Any review of activity within the floodplain, site
plan review, subdivision or land development approval, erosion control
review, wetland delineation review, stormwater runoff review, review
of activity on steep slopes, consideration of possible environmental
contamination, or any other review, approval or permit under this
chapter by an officer, employee, board, commission, solicitor, consultant
or agency of the Borough shall not constitute a representation, guarantee
or warranty of any kind by the Borough, or its employees, officials,
boards, solicitor(s), consultants or agencies of the practicality
or safety of any structure, use or subdivision, and shall create no
liability upon nor a cause of action against such entity or person
for any damage that may result pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under
this chapter, the Borough shall not be liable for any later lawful
withdrawal of such permit.
