A.
A Zoning Officer shall administer and enforce this
chapter.
(1)
The duties of the Zoning Officer shall include but
not be limited to the following:
(a)
Receiving of applications required by the Zoning
Ordinance.
(b)
Inspecting premises.
(c)
Issuing of zoning permits and certificates of
occupancy.
(d)
Maintaining records of all official duties.
(e)
Recording and maintaining records of all nonconforming
uses existing at the effective date of the Zoning Ordinance.
(2)
No permits shall be issued by the Zoning Officer except
in accordance with the literal provisions of this chapter.
(3)
No construction or any use or change of use which
does not conform to this chapter shall be granted permission by the
Zoning Officer.
B.
The Zoning Officer shall be appointed by the Board
of Commissioners of the Township of Patterson, Beaver County, Pennsylvania.
C.
The Zoning Officer shall not hold any elective office
in the Township of Patterson.
A.
No building or structure shall be erected, added to
or structurally altered until a permit therefor has been issued by
the Zoning Officer. All applications for zoning permits shall be in
accordance with the requirements of this chapter, and, unless upon
written order of the Zoning Hearing Board, no such zoning permit shall
be issued for any building where said construction, addition or alteration
for use thereof would be in violation of any of the provisions of
this chapter. Remodeling or improvement of an existing building which
does not alter the basic structure, create additional lot area coverage
or change the use of the parcel or building is exempt from this specific
requirement.
B.
There shall be submitted with all applications for
zoning permits two copies of a layout or plot plan drawn to scale
showing the actual dimensions of the lot to be built upon, the exact
size and location of the building on the lot and accessory buildings
to be erected and other such information as may be deemed necessary
by the Zoning Officer to determine and provide for the enforcement
of this chapter.
A.
Upon completion of the authorized new construction,
alteration, remodeling, change of use of building or land under the
provisions of a zoning permit, such building shall not be occupied
until an occupancy permit has been issued by the Zoning Officer. Written
request to the Zoning Officer shall be processed within one week of
receipt of the request of the proposed use, provided that the use
is in conformity with the provisions of this chapter and other effective
and applicable ordinances. The Zoning Officer's refusal to issue an
occupancy permit shall include a written statement to the applicant
containing reasons for such denial.
B.
Occupancy permits are required for the following:
(1)
Occupancy of a new building.
(2)
Occupancy and use of a building hereafter moved or
altered so as to require a zoning permit.
(3)
Change in the use of an existing building other than
to a use of the same type.
(4)
Occupancy and use of vacant land.
(5)
Change in the use of land except to another use of
the same type.
(6)
Any change in use of a nonconforming use.
C.
Occupancy permits shall state that the building or
the proposed use of a building or land complies with all provisions
of this chapter and is deemed to authorize and is required for both
initial and continued occupancy and use of the building and land so
long as such building and use is in full conformity with the provisions
of this chapter.
A.
The Board of Township Commissioners shall determine
a schedule of fees, charges and expenses as well as the collection
procedure for permits, variances, special exceptions, conditional
uses, amendments and other matters pertaining to this chapter. Said
schedule of fees shall be posted in the office of the Township Secretary.
B.
The Board of Township Commissioners shall be empowered
to reevaluate the fee schedule from time to time and make adjustments
as deemed appropriate. Any such alterations shall not be considered
an amendment to this chapter and may be adopted by resolution at any
legally advertised public meeting.
A.
Creation, appointment and organization. The membership
of the Zoning Hearing Board shall consist of three residents of the
municipality appointed by the governing body. They shall serve without
any compensation. Their terms of office shall be three years and shall
be so fixed that the term of office of one member shall expire each
year. The Zoning Hearing Board shall promptly notify the governing
body of any vacancies which occur. Appointments to fill vacancies
shall be only for the unexpired portion of the term. Members of the
Zoning Hearing Board shall hold no other office in the municipality,
except that one member of the Zoning Hearing Board may also be a member
of the Planning Commission.
B.
Powers and duties.
(1)
The Zoning Hearing Board shall hear and decide appeals
from any order, requirement, decision or determination made by the
Zoning Officer in the administration of this chapter.
(2)
The Zoning Hearing Board shall hear and decide all
matters referred to or upon which it is required to pass under this
chapter and other applicable laws of the Commonwealth of Pennsylvania.
(3)
The Zoning Hearing Board shall hear and decide appeals
where it is alleged by the appellant that the Zoning Officer has failed
to follow prescribed procedures or has misinterpreted or misapplied
any provision of a valid ordinance or map or any valid rule or regulation
governing the action of the Zoning Officer.
(4)
The Zoning Hearing Board shall hear challenges to
the validity of a zoning ordinance or map. In all such challenges,
the Board shall decide all contested questions and shall make findings
on all relevant issues of fact which shall become part of the record
on appeal to the court.
(5)
The Zoning Hearing Board shall hear requests for variances
where it is alleged that the provisions of the Zoning Ordinance inflict
unnecessary hardship upon the applicant. The Board may by rule prescribe
the form of application and may require preliminary application to
the Zoning Officer. The Board may grant a variance, provided that
the following findings are made where relevant in a given case:
(a)
There are unique physical circumstances or conditions,
peculiar to the particular property, and that the unnecessary hardship
is due to such conditions;
(b)
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)
Such unnecessary hardship has not been created
by the appellant;
(d)
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
(e)
The variance will represent the minimum variance
that will afford relief.
(6)
The Zoning Hearing Board may authorize special exceptions
where the governing body in the Zoning Ordinance has made provisions
for such procedures pursuant to express standards and criteria. The
Board may attach such additional conditions and safeguards as it may
deem necessary.
(7)
Where it has zoning jurisdiction, the Zoning Hearing
Board shall also hear all appeals which an applicant may elect to
bring before it with respect to any municipal ordinances or requirement
pertaining to the same development or development plan. The Board
shall have no power to pass upon the nonzoning issues but shall take
evidence and make a record thereon.
C.
Procedure. The procedure of the Zoning Hearing Board
shall be governed by the provisions of applicable laws of the Commonwealth
of Pennsylvania and such rules, not inconsistent therewith, as the
Board may adopt. In general, the procedure for appeal from action
of the Zoning Officer shall be as follows:
(1)
Any appeal from the requirements of the Zoning Ordinance
shall be taken by filing with the officer from whom the appeal is
taken and with the Zoning Hearing Board a notice of appeal specifying
the ground thereof. The officer from whom the appeal is taken shall
forthwith transmit to the Board all of the documentary material constituting
the record upon which the action appealed was taken.
(2)
The appellant shall, at the time of filing his appeal,
pay the enforcing officer a fee as determined by the governing body
to defray, or help defray, the required advertising costs.
(3)
Each appeal shall be tried on its merits at a public
meeting. All hearings shall be conducted in accordance with the requirements
of the Pennsylvania Municipalities Planning Code, Act 247,[1] with respect to such proceedings. Notice of such appeal
shall be given by publishing in a newspaper of general circulation
in the Township and in accordance with the applicable law. The Board
shall give the additional notice required by law to all parties in
interest, and they may adjourn any hearing for the purpose of giving
such further notice.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(4)
The Planning Commission shall furnish all pertinent
narrative material, maps, charts and other data relative to the problem
for reference by all concerned. The Board may adjourn any hearing
for the purpose of reviewing such data as may be pertinent to the
problem and request interpretations of said by a representative of
the Planning Commission.
(5)
The Board shall decide each appeal within the time
fixed by law, and notice thereof shall be given to all parties in
interest. The Board's decision shall be immediately filed in its office
and be a public record. In the exercise of its functions upon such
appeals or upon exceptions, the Board may in conformity with law reverse
or affirm wholly or partly, or modify the order requirement, decision
or determination appealed from, or make such order requirements, decision
or determination as in its opinion shall be made.
(6)
Within seven calendar days after rendering a decision
on an appeal, request for variance or special exception, the Zoning
Hearing Board shall file a copy of such decision with the Township
Secretary for distribution to the governing body.
(7)
Any person, officer or agency of the municipality
that is aggrieved by any decision of the Board may appeal therefrom
within 30 days to the Court of Common Pleas as provided by law.
The Township Commissioners may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 190-90.2, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member pursuant to § 190-90.2 of this chapter.
If, by reason of absence or disqualification
of a member, a quorum is not reached, the Chairman of the Board shall
designate as many alternate members of the Board to sit on the Board
as may be needed to provide a quorum. Any alternate member of the
Board shall continue to serve on the Board in all proceedings involving
the matter or case for which the alternate was initially appointed
until the Board has made a final determination of the matter or case.
Designation of an alternate pursuant to this section shall be made
on a case-by-case basis in rotation according to declining seniority
among all alternates.
