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:
A. In accordance with the requirements and purposes [including
Sections 604 and 605 or their successor section(s), which are included
by reference] of the Pennsylvania Municipalities Planning Code, as
amended;
B. In accordance with goals and objectives of the Bridgeport
Borough Comprehensive Plan; and
C. To carry out the following community development objectives:
(1) To meet the purposes of each zoning district, as listed in §
560-19;
(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.
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) 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.
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.
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.
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.]
E. State law: See also Section 908 of the State Municipalities
Planning Code.
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.)
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.)
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.