[Amended 9-14-2015 by Ord. No. 2057]
[Amended 11-9-2020 by Ord. No. 2113]
The duty of administering and enforcing the provisions of this
chapter is hereby laid upon a Planning Director within the Department
of Planning and Development, who shall serve as the duly appointed
Zoning Officer as prescribed in 53 P.S. § 10614 and shall
have the authority to exercise powers and duties specified by the
Planning Act and as specified by the provisions of this chapter. Duties
of the Planning Director shall include:
A.
Issue
zoning permits. The Planning Director shall, upon demonstration by
the applicant that a proposed use or structure complies with all applicable
ordinance requirements, issue all zoning permits. The Planning Director
shall not have the power to permit any construction or any use or
change of use which does not conform to the Zoning Ordinance, the
Subdivision and Land Development Ordinance and the UCC permitting
process.
B.
Interpretation
and maintenance of Zoning Ordinance. The Planning Director or their
designee shall provide written interpretations of these zoning regulations
when there is uncertainty as to the applicability of ordinance provisions
or requirements. The Planning Director shall also maintain a true
and accurate copy of this chapter, including all amendments and interpretations.
C.
Interpretation
and maintenance of Official Zoning Map.[1] The Planning Director or their designee shall interpret
the Official Zoning Map as it relates to specific properties within
the city. The Planning Director or their designee shall also maintain
the Official Zoning Map by indicating all rezonings and indicating
proffered conditions associated with any such rezoning by an appropriate
symbol.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter..
D.
Maintain
records. The Planning Director shall maintain permanent and current
records required by this chapter, including but not limited to zoning
permits, zoning certificates and all official actions on administrative
appeals, variances, special exceptions, conditionally permitted uses,
ordinance amendments, rezonings and other related land records.
E.
Enforce
ordinance. The Planning Director or their designee shall conduct inspections
of structures and properties to determine compliance with this chapter
and, in the case of violation, shall notify, in writing, the person
or persons responsible by specifying the nature of the violation and
ordering appropriate corrective action.
F.
Annual
report. The Planning Director or their designee shall prepare and
submit an annual report to the Council regarding the administration
of this chapter, setting forth such statistical data and information
as may be of interest and value in advancing and furthering the purpose
of this chapter.
[Amended 11-9-2020 by Ord. No. 2113]
A.
No structure, including an accessory structure and sign, shall be
hereafter erected, constructed, reconstructed, enlarged, converted,
or structurally altered until a zoning permit shall have been issued,
and no use of land shall be made, changed or enlarged, nor shall any
structure hereafter erected, enlarged or structurally altered be used
or changed in use until a zoning permit shall have been issued by
the Planning Director.
B.
A zoning permit shall state that the proposed structure and use thereof
will comply with the provisions of this chapter and all laws of the
City relating thereto, and that the structure and use, when occupied,
will in fact comply with this chapter and said other laws of the City.
[Amended 11-9-2020 by Ord. No. 2113]
It shall be the duty of the Planning Director to issue, upon
proper written request, a certificate identifying the zoning classification
currently applicable to a particular parcel of real estate and stating
whether or not any known or existing use or structure thereon conforms
or does not conform to the regulations. If the existing use or structure
does not conform, the certificate shall indicate the lawful status
of the use or structure as nonconforming, or an unlawful status, on
the basis of evidence known or readily available to the Planning Director.
[Amended 11-9-2020 by Ord. No. 2113]
Landowners may obtain a certificate of nonconformance covering
each nonconforming use of land at any time upon written request to
the Planning Director. A certificate of nonconformance shall state
in what specific respects the structure or use of the structure or
land or the noncomplying sign does not comply with the provisions
of this chapter.
[Amended 11-9-2020 by Ord. No. 2113]
A record of all zoning permits, certificates of zoning classification
and certificates of nonconformance, as well as all applications therefor,
shall be kept on file in the office of the Planning Director, and
copies shall be furnished on request to any person having a proprietary
or tenancy interest in the structure or land affected.
[Amended 11-9-2020 by Ord. No. 2113]
All applications for zoning permits shall be made on printed
forms as approved by the Planning Director.
A.
Every application for a zoning permit shall be accompanied by plans
in duplicate, based upon a site plan and drawn to scale in black line
or blue line, showing:
(1)
Actual shape and dimensions of the lot to be built upon or to
be changed in its use, in whole or in part;
(2)
The exact location, size, elevation and height of any building
or structure or sign to be erected or altered;
(3)
The dimensions of all yards and other open spaces;
(4)
The location and arrangement of off-street parking and loading
facilities;
(5)
The existing and intended use of each building or structure
or part thereof;
(6)
The number of families or housekeeping units the building is
designed to accommodate;
(7)
When no buildings are involved, the location of the present
use and proposed use to be made of the lot; and
(8)
Such other information required by the Planning Director as
may be necessary for the enforcement of this chapter.
B.
One copy of the plans shall be returned to the owner when they have
been approved by the Planning Director, together with the approved
or disapproved zoning permit.
C.
Upon receipt, a zoning permit shall be posted in a prominent place
on the premises prior to and during the period of erection, reconstruction,
enlargement or moving. Before a building permit is issued, the plans
and intended use shall indicate conformity in all respects to the
provisions of this chapter. Zoning permits shall be issued within
10 days of application, provided that the proposed building conforms
to this chapter.
D.
Upon completion of all work for which a zoning permit was issued, the applicant shall submit to the Planning Director one copy of an as-built house/building location plan prepared by a certified surveyor or registered engineer indicating information specified in § 265-138A.
E.
No person shall occupy or use any newly constructed, reconstructed,
moved, altered or enlarged building, or establish or change a use,
except detached single-family dwellings, without first making proper
application for and receiving registration of occupancy therefor issued
by the Planning Director. Registration of occupancy is not transferable
from tenant to tenant, owner to owner or from building to building.
Registration of occupancy must be applied for on forms provided by
the Planning Director. Registration will be issued upon proof of compliance
with all provisions of this chapter. Registration shall state that
the proposed structure and use comply with the provisions of this
chapter and all other pertinent ordinances. In the case of any food-related
business, a health license must be issued by the city's Health Department
and/or the Department of Agriculture prior to occupancy being issued.
F.
The provisions of this section shall not be construed as requiring
separate forms for applications or permits, and combinations with
other required City applications or permits shall be permissible,
provided that all the required information for each form or permit
is fully supplied.
[Amended 11-9-2020 by Ord. No. 2113]
A.
Any structure for which a zoning permit has been obtained and the
construction of which has started or for which a contract has been
let pursuant to a zoning permit issued prior to the passage of this
chapter may be completed and used in accordance with the plans on
which said permit was granted.
B.
Every zoning permit shall expire and be void unless the activity
authorized therein shall commence within six months of the date of
issue. Any zoning permit under which work substantially started has
been discontinued for a consecutive period of six months from the
date of issue shall be void unless renewed prior to expiration of
said six-month period.
C.
Hours of operation.
(1)
The time period allowed for operations on any property sites
which have been issued a zoning permit shall be:
(2)
Under certain situations the hours of operation may be extended,
by approval of the Planning Director. Said exemption request must
be filed by the contractor(s)/developer(s) at the time the application
is filed for a permit.
A.
Initiation. Whenever the public necessity, convenience
or general welfare indicates, the Council may amend this chapter by
enactment of an amending ordinance. Such amending ordinance shall
contain a statement of the relationship of the proposed amendment
to the community development objectives as described in Section 606
of the Planning Act.[1] Such amending ordinance shall be introduced in the Council
when requested by the Commission or when initiated by one or more
members of the Council.
[1]
Editor's Note: See 53 P.S. § 10606.
B.
Types of amendments. Amendments to this chapter may
be either those applying to the text or those applying to the Zoning
District Map.[2] Unless otherwise stated hereafter, when the term "amendment"
is used, it shall be construed to mean either type of amendment or
a combination thereof.
[2]
Editor's Note: The Zoning Map is included
in the pocket part at the end of this volume.
C.
Amendments proposed by Commission.
(1)
The Commission may propose any amendment and
may prepare and transmit to the City Council an amending ordinance,
together with a request for approval of such ordinance by the Council.
Such amendment may originate:
(a)
With the Commission on its own initiative.
(b)
In response to a petition for change of the
Zoning District Map, filed by the landowners of a majority of the
property, according to street frontage within the area of such requested
change.
(c)
In response to requests from other city departments,
agencies or administrative officials.
(d)
In response to proposals or suggestions for
change in the text made by interested citizens or civic organizations.
(2)
Any proposal not originating directly with the
Commission shall be filed for consideration by the Commission in its
public office, upon forms and accompanied by such data and information
as may be prescribed for that purpose by the Commission, so as to
assure the fullest practical presentation of facts for the permanent
record.
D.
Amendments not proposed by the Commission. As provided for in Subsection A, amendments may be initiated by one or more members of the Council. Subsequent to the introduction of any such amending ordinance and at least 40 days prior to a public hearing thereon, the Council shall refer the matter to the Commission for report and recommendation thereon.
E.
Commission report and recommendation. The Commission
shall make a written report, including findings and recommendation
on each proposed amendment. The report shall set forth in detail reasons
wherein public necessity, convenience, general welfare, the Master
Plan and the community development objectives do or do not justify
the proposal. Such report shall be transmitted to the Council, to
any petitioners (when a petition is involved) and to any others known
to have an immediate concern in the proposal.
F.
Amendment procedures.
(1)
In considering proposed zoning amendments, the City shall follow
procedures prescribed by 53 P.S. §§ 10609 and 10610.
(2)
In considering proposed landowner curative amendments, the City
shall follow procedures prescribed by 53 P.S. § 10609.1.
(3)
In initiating and considering municipal curative amendments,
the City shall follow procedures prescribed by 53 P.S. § 10609.2.
[3]
Editor's Note: This ordinance also repealed former Subsections
G, Public hearing, as amended, H, Action of Council, I, Further hearings,
and J, Notice of amendment, which immediately followed this subsection,
and redesignated former Subsection K as Subsection G.
G.
Time limit on repeated requests for change of the
Zoning District Map.[4] For a period of two years following any request by a landowner
for a change of the Zoning District Map which is not favorably considered
by the Council, no subsequent request by a landowner shall be accepted
which involves the same property or any part thereof, either for change
to the zoning classification originally requested or to any other
zoning classification.
[4]
Editor's Note: The Zoning Map is included
in the pocket part at the end of this volume.
[Amended 12-9-1991 by Ord. No. 1513; 12-21-1994 by Ord.
No. 1646; 11-9-2020 by Ord. No. 2113]
Fees payable to the Planning Director for applications for zoning
permits and to defray the cost of advertisement and administration
of the Zoning Chapter shall be paid according to the schedule as set
by the City Council, government agencies excepted.
[Amended 11-9-2020 by Ord. No. 2113]
Challenges to the validity of this chapter or any provision
thereof may be made in accordance with the provisions and procedures
of the Planning Act.
[Amended 11-9-2020 by Ord. No. 2113]
A.
Any person, whether owner, lessee, principal, agent,
employee or otherwise, who violates any of the provisions of this
chapter or permits any such violation or fails to comply with any
of the requirements hereof or who erects any building or uses any
building or land in violation of the provisions of this chapter shall
be subject to the enforcement of this section.
B.
In acting to enforce this chapter, the Planning Director
or their designee or authorized agent thereof shall act in the name
of the City of Greensburg. The Planning Director or their designee
shall have all necessary authority on behalf of the City Council to
administer and enforce the Zoning Ordinance, including the ordering,
in writing, of the remedying of any condition found in violation of
this chapter and the bringing of legal action to ensure compliance
with this chapter, including injunction, abatement or other appropriate
action or proceeding.[1]
[1]
Editor's Note: Original Section 1812, entitled
"Enforcement remedies," which immediately followed this section, was
deleted 12-21-1994 by Ord. No. 1646.
A.
If it appears to the Planning Director or their designee
that a violation of any zoning ordinance enacted under this chapter
or prior enabling laws has occurred, the Planning Director or their
designee shall initiate enforcement proceedings by sending an enforcement
notice as provided in this section.
B.
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 enforcement notices
regarding that parcel and to any other person requested, in writing,
by the owner of record.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other
person against whom the City of Greensburg tends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of this chapter.
(4)
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed.
(5)
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 procedures set forth in this chapter.
(6)
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.
[Amended 11-9-2020 by Ord. No. 2113]
In case any building, structure, landscaping or land is or is
proposed to be erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this Zoning Ordinance, the City
Council or, with approval of the City Council, an officer of the City
of Greensburg, or any aggrieved owner or tenant of real property who
shows that his property or person will be substantially affected by
the alleged violation, in addition to other remedies, may institute
any appropriate action or proceeding to prevent, restrain, correct
or abate such building, structure, landscaping or land or to prevent,
in or about such premises, any act, conduct, business or use constituting
a violation. When any such action is instituted by a landowner or
tenant, notice of that action shall be served upon the City of Greensburg
at least 30 days prior to the time the action is begun by serving
a copy of the complaint on the City Council of the City of Greensburg.
No such action may be maintained until such notice has been given.
[Amended 11-9-2020 by Ord. No. 2113]
District Justices shall have initial jurisdiction over proceedings brought under § 265-145.
[1]
Editor's Note: Former Art. XXI, Planning Director, added 12-9-1991 by Ord. No. 1500, as amended, was repealed 11-9-2020 by Ord. No. 2113. This ordinance also repealed former §§ 265-144 through 265-148, redesignated former §§ 265-149 through 265-152 as §§ 265-143 through 265-146, repealed former § 265-153, and redesignated former Arts. XXII through XVI as Arts. XXI through XV.
