This chapter shall be administered by the Zoning
Officer. The Borough Council shall appoint a Zoning Officer who shall
not hold any elective office of the Borough.
A.
The Zoning Officer shall administer this chapter in
accordance with its literal terms and shall not have the power to
permit any construction or any use or change of use which does not
conform to this chapter.
B.
The Zoning Officer shall have the following powers
and duties:
(1)
To interpret the literal meaning of this chapter and
to interpret the Official Zoning Map with regard to any application
filed or any question posed regarding the meaning or intent of this
chapter. No other individual or entity, except the Borough Solicitor
or Borough Engineer in consultation with the Zoning Officer, shall
render a literal interpretation of this chapter.
(2)
To receive applications for zoning, sign and occupancy
permits; to receive applications for conditional uses, special exceptions
and variances and forward them to either the Borough Council, the
Planning Commission or the Zoning Hearing Board, as appropriate; and
to receive applications for development within a floodplain.
(4)
To issue permits for zoning, sign and occupancy when
such applications are in compliance with the provisions of this chapter.
(5)
To prepare certificates of zoning and certificates
of nonconformity when requested by the owner of record.
(6)
To prepare certificates of conditional use when an
application for conditional use has been approved by the Borough Council.
(9)
To identify and register any nonconformities if ordered
by the Borough Council.
(10)
To make all required inspections necessary to
ensure compliance with this chapter or, subject to the approval of
the Borough Council, engage such expert opinion as he may deem necessary
to determine compliance with this chapter.
(11)
To annually submit to the Borough Council and
the Planning Commission a complete report of development which occurred
in the previous year within the Borough. A report of all construction,
subdivisions, conditional uses, Zoning Hearing Board proceedings,
occupancy permits, sign permits and floodplain development permits,
in addition to other relevant information prescribed by the Borough
Council, shall be prepared by the Zoning Officer.
(12)
To revoke by order a zoning, sign or occupancy permit issued under a mistake of fact or contrary to the provisions of this chapter as prescribed in § 245-82.
(13)
To maintain the Official Zoning Map and any
overlay areas for all of the land within the Borough.
(14)
To present facts, records or information upon
the request of the Borough Council, the Planning Commission or the
Zoning Hearing Board to assist them in making decisions.
(15)
To attend meetings with the Borough Council
in a manner prescribed by the Borough Council.
(16)
To attend meetings with the Planning Commission
or any other agency or individual as prescribed by the Borough Council.
(17)
To maintain an orderly system of records and
documents pertaining to all zoning, subdivision and development issues
within the Borough. Applications and permits issued for said zoning,
subdivision and development shall be open to the public for inspection.
A.
In order not to unreasonably delay the time when a landowner may secure assurance that the ordinance and/or map under which he has proposed to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome, the landowner may advance the date from which time for any challenge to the ordinance and/or map will run under § 245-96B.
(1)
If the landowner decides to seek a preliminary opinion,
he shall submit to the Zoning Officer plans and other materials describing
his proposed use or development for a preliminary opinion as to their
compliance with the applicable ordinance and map. Such plans and other
materials shall not be required to meet the standards prescribed for
preliminary, tentative or final approval or for the issuance of a
building permit so long as they provide reasonable notice of the proposed
use or development and a sufficient basis for a preliminary opinion
as to its compliance.
(2)
The Zoning Officer shall render a written decision
within 30 days from the submission of an application for preliminary
opinion.
(3)
If the Zoning Officer's preliminary opinion is that
the use or development complies with the ordinance or map, notice
thereof shall be published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall include a general description of the proposed use or development
and its location identified by both street address and tax parcel
number, and the place and times where the plans and other materials
may be examined by the public.
(4)
When favorable preliminary approval has been given by the Zoning Officer, the time specified for commencing a proceeding with the Zoning Hearing Board shall run from the time when the second notice thereof has been published (see § 245-96B).
(5)
If the Zoning Officer does not render a favorable
preliminary opinion, he shall notify the applicant, in writing, of
his decision and the basis for reaching such decision.
B.
A fee for the application for preliminary opinion
may be prescribed by the Borough Council. Such a fee may be revised
from time to time through resolution by the Borough Council. If a
fee is prescribed, it shall be submitted by the applicant to the Borough
in conjunction with the application for preliminary opinion.
[Amended 9-28-2010 by Ord. No. 918]
A.
The Borough or the Borough acting through the Zoning
Officer may refuse to issue any permit or grant any approval necessary
to further improve or develop any real property which has been developed
or which has resulted from a subdivision of real property in violation
of this chapter or the Subdivision and Land Development Ordinance,[1] as amended, of Monaca Borough.
(1)
This authority to deny such a permit or approval shall
apply to any of the following applications:
(a)
The owner of record at the time of such violation;
(b)
The vendee or lessee of the owner of record
at the time of such violation without regard as to whether such vendee
or lessee had actual or constructive knowledge of the violation;
(c)
The current owner of record who acquired the
property subsequent to the time of violation without regard as to
whether such current owner had actual or constructive knowledge of
the violation; and/or
(d)
The vendee or lessee of the current owner of
record who acquired the property subsequent to the time of violation
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
(2)
As an additional condition for issuance of a permit
or the granting of an approval to any such owner, current owner, vendee
or lessee for the development of any such real property, the Borough
or the Borough acting through the Zoning Officer may require compliance
with the conditions that would have been applicable to the property
at the time the applicant acquired an interest in such real property.
B.
Zoning permit. A zoning permit shall be required prior
to the erection, addition or alteration of any building or portion
thereof to ensure that such buildings conform to all requirements
of this chapter. No person shall begin the construction, reconstruction,
addition to or excavation of any building or structure without first
obtaining a zoning permit from the Borough of Monaca.
(1)
Specifically, zoning permits are required for the
following types of activities:
(a)
The construction of a new building or structure;
(b)
The excavation of a foundation for a building
or structure;
(c)
The reconstruction of an existing building or
structure;
(d)
Additional construction of existing buildings
or structures which increases the exterior dimensions of an existing
building or structure;
(e)
Constructing an additional floor of any existing
building or structure;
(f)
Constructing or placing on the property any
accessory building such as a shed or garage;
(g)
Moving or relocating any interior walls or doors;
(h)
Enclosing a porch, regardless of whether the
porch becomes completely enclosed;
(i)
Constructing a deck, patio or porch;
(j)
Constructing an exterior ramp which is in excess
of 20 square feet;
(k)
Changing the pitch of a roof; or
(l)
Moving a mobile home, manufactured home or modular
home onto any land within the Borough.
(2)
No zoning permit shall be required for the following
types of activities:
(a)
Routine exterior maintenance such as replacing
existing windows or doors, painting, replacing siding such as aluminum
or vinyl which does not increase the exterior dimensions of the building
and/or replacing shingles or roof wood;
(b)
Routine interior maintenance such as painting,
replacing carpet or existing floor boards, and/or changing doors;
(c)
Constructing a sidewalk; or
(d)
Constructing steps or a stoop not in excess
of 24 square feet.
(3)
No building or portion thereof shall be erected, added
to or altered until an application for a zoning permit for said erection,
addition or alteration has been issued. Applications may be filed
by the owner or his authorized agent and shall be on forms provided
by the Borough. At a minimum, all applications shall include a scale
drawing specifying dimensions of the lot and the building to be constructed,
the use and location of any existing buildings and the use and location
of any proposed buildings, any existing easements or rights-of-way
that traverse the lot, the location of any on-lot well or septic system,
the location of any driveway or parking areas, the names of surrounding
property owners, the location of adjacent roads (public or private)
or highways, the location of any streams or lakes or other bodies
of water, the location of the one-hundred-year floodplain or a note
indicating the absence of the one-hundred-year floodplain, copies
of required state and/or federal permits and other information deemed
necessary by the Zoning Officer to correctly arrive at a decision
with regard to the requirements of this chapter.
(a)
With respect to very minor additions or modifications
to an existing building, the Zoning Officer shall have the authority
to waive some of the above-specified requirements where such omission
will not affect the decision of the Zoning Officer concerning the
legality of issuing a permit.
(b)
When an addition or alteration will be constructed
above existing floor space, a floor plan of such space as well as
architectural profiles shall be submitted in addition to the above-specified
plot plan.
(4)
A zoning permit shall only be issued if the Zoning
Officer determines that the proposed building or structure complies
with all applicable provisions of this chapter.
(5)
The Zoning Officer shall act within 30 days of receipt
of an application for a zoning permit. Applications that are incomplete
or that are not submitted with the required fee will be either returned
to the applicant or the Zoning Officer shall inform the applicant
of such deficiency. An application shall not be considered to be officially
submitted unless and until all of the required information and the
fee have been submitted. The above-mentioned thirty-day review period
shall begin on the day that the application is deemed to be complete.
The failure of the Zoning Officer to act within 30 days of receipt
of an application, once the application is complete and the required
fee is submitted, will result in deemed approval unless the applicant
has requested, in writing, an extension to the thirty-day review period.
(6)
A fee for the application for a zoning permit may
be prescribed by the Borough Council. Such a fee may be revised from
time to time through resolution by the Borough Council. If a fee is
prescribed, it shall be submitted by the applicant to the Borough
in conjunction with the application for a zoning permit. Additionally,
a fee for the zoning permit may be prescribed by the Borough Council.
Such a fee may be revised from time to time through resolution by
the Borough Council. If a fee is prescribed, it shall be submitted
by the applicant at the time of application for a permit. If for any
reason the application for a zoning permit is denied, the fee for
the zoning permit (but not the application fee) will be returned to
the applicant.
(7)
A zoning permit that has been issued by the Zoning
Officer shall be valid for one year from the date the permit was approved.
(a)
If the construction that is allowed by the permit is not completed within the above-specified one-year period, the permit issued will become null and void. At the expiration of this one-year period, the applicant shall submit another application for a zoning permit in conformance with the administrative guidelines in § 245-81 of this chapter.
(b)
A change in this chapter text and/or map shall
not affect a building or structure that has exceeded the above-said
one-year time limitation of the zoning permit for three years, measured
from the initial date of the zoning permit, if the owner or the authorized
agent of the building or structure obtains another zoning permit as
prescribed above.
(c)
Buildings and/or structures that are not completed
within three years from the date the original zoning permit was issued
will be subject to any changes in this chapter text and/or map. Additional
construction, regardless if approved on the original permit, shall
conform to the revised zoning text and/or map. If such a rule shall
place an unnecessary hardship on the owner, the owner may request
a variance from the Zoning Hearing Board.
(d)
If the construction described above was preceded
by and only permitted following the required approval of a subdivision
or land development, the three-year limitation for changes to this
chapter text and/or map affecting said construction shall be measured
from the date preliminary approval was granted for the subdivision
or land development. If no preliminary approval was granted, the date
shall be measured from the date final approval was granted for the
subdivision or land development.
(8)
An application for a zoning permit which is denied
by the Zoning Officer shall be returned to the applicant along with
a written response stating the specific sections of this chapter that
the application failed to meet.
(9)
Appeals of the determination of the Zoning Officer shall be heard by the Zoning Hearing Board in accordance with Article XIII of this chapter.
(10)
When a zoning permit has been issued, it shall
be the duty of the Zoning Officer, or his duly appointed representative,
to make the following minimum number of inspections. Each inspection
shall be recorded in written fashion and shall indicate the time and
date of the inspection and the findings of the Zoning Officer with
respect to the conformance of the construction with the permit issued.
(a)
Before construction begins, the Zoning Officer
shall inspect the site to ensure that the construction will comply
with the permit issued. The Zoning Officer may employ any method necessary,
such as requiring the staking-out of the exterior dimensions of the
building or stricture and/or the building lot, to determine if the
actual construction will comply with the permit issued.
(b)
At the completion of construction, the Zoning
Officer shall inspect the site to ensure that the completed construction
is in full compliance with the permit issued.
(c)
The Zoning Officer, if he thinks it necessary,
may conduct additional inspections to ensure that the construction
conforms to the permit issued.
(d)
If the Zoning Officer discovers during any inspection that the actual construction does not conform to the permit issued, a written notice of the violation shall be issued by the Zoning Officer. At a minimum, the Zoning Officer shall issue an enforcement notice as prescribed in § 245-84. The Zoning Officer may also issue a stop-work order as prescribed in § 245-85.
C.
Occupancy permit. An occupancy permit shall be required
of all building and/or land as specified in this subsection to ensure
that the proposed occupants of said building and/or land and the building
itself and/or land itself conform to all of the requirements of this
chapter.
(1)
An occupancy permit shall be required for the following:
(a)
Occupancy of a newly constructed or erected
building, including single-family residential dwellings and mobile
homes.
(b)
Occupancy and/or use of unimproved or vacant
land.
(c)
Change in the use of unimproved or vacant land
except to another use of the same type.
(d)
Any change in use of nonconforming use to a
conforming use.
(e)
Any approved home occupation.
(f)
Any conversion of a single-family detached residential
dwelling, or any part thereof, to a multifamily residential dwelling
or any conversion of a multifamily residential dwelling to a single-family
detached residential dwelling shall obtain an occupancy permit.
(2)
Administration.
(a)
A certificate of occupancy, either for the entire
or part of a new building or for the structural alteration of an existing
building, shall be applied for in conjunction with the application
for a zoning permit and shall be issued within 15 days after the erection
or alteration of such building or part thereof is completed and after
due inspection by the Zoning Officer shows the same to be in conformance
with the provisions of this chapter.
(b)
A certificate of occupancy for the use or occupancy
of vacant land or for a change of use in an existing building shall
be applied for and issued before any such land or building shall be
occupied, used or changed in use, and such certificate of occupancy
shall be issued within 15 days after the application has been made,
provided that such proposed use is in conformance with the provisions
of this chapter and the Zoning Officer has inspected said land or
building.
(c)
Applications may be filed by the owner or his
authorized agent and shall be on forms provided by the Borough. The
Zoning Officer shall act within the time limits prescribed above.
Applications that are incomplete will be returned to the applicant.
The failure of the Zoning Officer to act within the time limits prescribed
above, if the application submitted was complete, will result in deemed
approval.
(d)
A fee for the application for an occupancy permit
may be prescribed by the Borough Council. Such a fee may be revised
from time to time through resolution by the Borough Council. If a
fee is prescribed, it shall be submitted by the applicant to the Borough
in conjunction with the application for an occupancy permit. Additionally,
a fee for the occupancy permit may be prescribed by the Borough Council.
Such a fee may be revised from time to time through resolution by
the Borough Council. If a fee is prescribed, it shall be submitted
by the applicant at the time of application for a permit. If for any
reason the application for an occupancy permit is denied, the fee
for the occupancy permit (but not the application fee) will be returned
to the applicant.
(e)
Occupancy permits shall remain valid so long as none of the conditions listed in Subsection C(1) requires the application of a new occupancy permit.
(f)
An application for an occupancy permit which
is denied by the Zoning Officer shall be returned to the applicant
along with a letter stating the specific sections of this chapter
that the application failed to meet. Until the conditions of the Zoning
Officer are adhered to, the applicant may not occupy the building
or part thereof or instruct any other individual, partnership or corporation
to occupy the building.
Any construction, occupancy, use or other activity
which is authorized by any permit in this chapter may be revoked by
the Zoning Officer as prescribed by the procedures outlined in this
section.
A.
The Zoning Officer shall be the only individual authorized
to revoke any permit issued under the authority of this chapter. If
necessary, the Zoning Officer may consult with the Borough Solicitor,
Borough Engineer or other individuals to determine if a permit should
be revoked.
B.
Any permit issued by the Zoning Officer may be revoked
if the construction, occupancy, use or other activity which is authorized
by said permit deviates or does not conform to the specifications
and regulations under which said permit was issued. Additionally,
if the applicant either falsifies, conceals or misrepresents information
to obtain any permit, the Zoning Officer may revoke said permit.
C.
If the Zoning Officer decides to revoke a permit,
the following procedure shall be used:
(1)
The Zoning Officer shall meet or communicate by letter
or telephone with the alleged violator to allow the alleged violator
an opportunity to answer questions regarding the alleged violation.
(2)
If the Zoning Officer, after considering the response
of the alleged violator, decides that the permit should be revoked,
he shall notify the alleged violator in writing.
D.
Permits that are revoked by the Zoning Officer which
are brought into conformance with the original specifications and
regulations of the permit issued or meet the required specifications
of this chapter will be reissued without additional fee if either
such conformance occurs within 30 days from when the permit was revoked
or if the revocation of the permit is appealed by the applicant to
the Zoning Hearing Board within the prescribed time limitations and
the Zoning Hearing Board decides in favor of the applicant, the permit
shall be reissued within five days from the date of the decision of
the Board; if the Board finds in favor of the Borough, such conformance
occurs within 30 days from the date of the decision of the Board.
E.
Permits which are revoked and not acted upon by the
applicant as prescribed above shall be required to submit a new application
and applicable fee for said application.
F.
Permits that are issued in error by the Zoning Officer, if the errant issuance of said permit is completely the fault of the Zoning Officer or other Borough agents, may be revoked within the thirty-day appeal period as outlined in § 245-96A. If such an errantly issued permit is not revoked within the thirty-day appeal period, the decision to revoke the permit shall be determined by the Borough Council after consultation with the Borough Solicitor and the Zoning Officer. When arriving at such a determination, the Borough Council shall consider existing Pennsylvania case law which is precedent setting for such occurrences.
A.
Certificate of zoning. Such a certificate shall be
prepared by the Zoning Officer on standardized forms when requested
by the official owner of record.
(1)
This certificate shall officially state the zoning
district classification of a lot or parcel as determined by the Zoning
Officer.
(2)
This certificate does not guarantee future compliance
with zoning regulations or zoning districts as amendments to this
chapter may invalidate such certificates.
(3)
There shall be no charge for preparation of one copy
of the certificate of zoning for the owner of record. The Borough
Council may through resolution adopt a fee for the preparation of
multiple official copies of the certificate.
B.
Certificate of conditional use. This certificate shall
be prepared by the Zoning Officer on standardized forms if a conditional
use application is approved by the Borough Council.
(1)
This certificate shall be prepared and delivered to
the applicant within 15 days from the date of approval by the Borough
Council.
(2)
The certificate does not guarantee future compliance
with zoning regulations or zoning districts as amendments of this
chapter may invalidate such certificates.
(3)
There shall be no charge for preparation of one copy
of the certificate of conditional use for the applicant. The Borough
Council may through resolution adopt a fee for the preparation of
multiple official copies of the certificate.
C.
Certificate of nonconformity. This certificate shall
be prepared by the Zoning Officer on standardized forms if requested
by an owner of record. If so ordered by the Borough Council, the Zoning
Officer shall register all nonconforming uses, lots, buildings and/or
structures which exist within the Borough.
(1)
This certificate shall state the specific conditions
of the use, lot, building and/or structure which do not conform to
the regulations of this chapter.
(2)
There shall be no charge for preparation of one copy
of the certificate of nonconformity for the owner of record. The Borough
Council may through resolution adopt a fee for the preparation of
multiple official copies of the certificate.
If it appears to the Zoning Officer that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice. In addition, if the violation is a building violation which is in progress, a stop-work order as prescribed in § 245-85 may be issued.
A.
The enforcement notice shall be sent to the owner
of record of the parcel or lot on which the violation has occurred,
to any person who has filed a written request to receive enforcement
notices regarding the parcel or lot and to any other person requested,
in writing, by the owner of record. Enforcement notices shall be sent
via certified United States mail.
B.
The enforcement notice shall state the following:
(1)
The name of the owner of record and any other person
against whom the Borough intends to take action.
(2)
The location of the property in violation referenced
by tax parcel number, street address, or both.
(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 Article XIII.
(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.
C.
The Zoning Officer may institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment. Before instituting civil enforcement proceedings,
the Zoning Officer shall consult the Borough Solicitor and Borough
Council.
If it appears to the Zoning Officer that a building violation of this chapter is occurring, the Zoning Officer shall initiate stop-work order proceedings. In this instance, the stop-work order takes the place of the enforcement notice proceedings outlined in § 245-84.
A.
A stop-work order is appropriate when a building,
sign and/or other structure is presently being constructed without
the necessary permits authorized under this chapter or a building,
sign and/or other structure is being constructed not in conformance
with the specifications under which a permit was issued.
B.
The stop-work order shall be sent to the owner of
record of the parcel or lot on which the violation has occurred, to
any person who has filed a written request to receive enforcement
notices regarding the parcel or lot and to any other person requested,
in writing, by the owner of record. Stop-work orders shall be sent
via certified United States mail.
C.
The stop-work order shall state:
(1)
The name of the owner of record and any other person
against whom the Borough intends to take action.
(2)
The location of the property in violation referenced
by tax parcel number, street address, or both.
(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 when construction of the building, sign and/or
structure must cease and the date before which the proper permits
must be obtained or adhered to.
(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 Article XIII.
(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.
D.
In addition to the written stop-work order, the Zoning
Officer may post the parcel or building, sign or structure on which
the violation is occurring with a stop-work order. Before posting
a stop-work order, the Zoning Officer shall consult the Borough Solicitor.
E.
The Zoning Officer may institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment. Before instituting civil enforcement proceedings,
the Zoning Officer shall consult the Borough Solicitor and Borough
Council.
F.
Upon proper correction of the violation and receipt
of written notice from the Zoning Officer, construction may proceed.
A.
When a development is proposed by a landowner which
must be processed as either a conditional use or a special exception,
it is advantageous to the applicant to include all components of the
development in one application for a conditional use or a special
exception. If all components of a development are not included in
the original application (i.e., signs, lighting, etc.) and the applicant
proposes additional components of a development which are not included
in the original plan but are still governed by conditional use or
special exception provisions of the chapter, the applicant shall proceed
with another conditional use or special exception, as appropriate.
B.
When approval is given to an applicant by the Borough
Council through a conditional use or by the Zoning Hearing Board through
a special exception, zoning, occupancy, sign and other required permits
must still be obtained by the applicant before commencing any construction,
development or use of land governed by said permits.
C.
In certain instances, both a conditional use or special
exception and a subdivision/land development approval are required
for proposed development plans. In such cases, both a conditional
use or a special exception and a subdivision/land development must
be approved by the appropriate government review agencies for the
applicant to proceed with the proposed development plans.
D.
Approval by any Borough branch of government for any
development plan, whether it be the approval of a conditional use,
special exception and/or a subdivision/land development plan, does
not guarantee that the applicant will be permitted to legally proceed
with the proposed development plans when other state and federal agencies
are involved in the approval of the development process. It is the
responsibility of the applicant to determine what other governmental
agencies are required to be involved in the review and permitting
of the proposed development plans.
