A. 
In applying and interpreting the provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion, protection and facilitation of the public health, safety, morals and general welfare. The following specific regulations shall apply:
(1) 
A minimum required lot or yard size for one building or structure shall not be used as any part of a required lot or yard for a second structure.
(2) 
The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter.
(3) 
The parking spaces required for one building or structure or use shall not be included in the computation of required parking spaces for a second building or structure or use.
(4) 
If a use clearly is not permitted by right, by condition or by special exception by this chapter within any zoning district, the use is prohibited. See also § 108-24A.
B. 
Relation of Zoning Ordinance to other provisions of law and to private covenants and agreements.
(1) 
Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with any provisions of law or ordinance or regulations, existing or as may be adopted in the future. Nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties. Where this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land or upon the height of buildings or structures, or requires larger lots, yards, courts or other open spaces than imposed or required by such other provisions of law, ordinance or regulation or by such easements, covenants or agreements, the provisions of this chapter shall control.
(2) 
Wherever the provisions of any other law or ordinance or regulations impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulations shall control.
(3) 
No provisions contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on the Borough Map.
A. 
Appointment. The Zoning Officer shall be appointed by the Borough Council. The Zoning Officer shall not hold any elected office within the Borough but may hold other appointed positions.
B. 
Duties. It shall be the duty of the Zoning Officer to administer and enforce the provisions of this chapter, in accordance with its literal terms, and the Zoning Officer shall not have the power to permit any construction or any use or change of use which does not conform to this chapter. Should the Zoning Officer be in doubt as to the meaning or intent of any provision of this chapter, or as to the location of any district boundary line on the Zoning Map, or as to the propriety of issuing a building permit or a certificate of occupancy in a particular case related to the provision of this chapter, he shall appeal the matter to the Zoning Hearing Board for interpretation and decision. The Zoning Officer shall adopt rules of procedure, consistent with this chapter, for the purpose of assuring efficient and uniform administration of its provisions.
C. 
Inspection of premises. The Zoning Officer and his deputies and assistants, after notification to owner and occupant and at a time agreeable to all parties involved, shall have the right and authority to enter any building, structure, premises, lot or land, whether already erected or put into use or in the course of erecting and putting into use, for the purpose of determining whether or not the provisions of this chapter are being complied with.
D. 
Registration of nonconforming uses, structures and lots. Upon direction by the Borough Council, the Zoning Officer shall prepare a register of nonconforming uses, structures and lots, together with the reasons why the nonconformities are identified as such.
A. 
Applications. All procedure with respect to applications for and issuance of building permits shall be in conformity with the provisions of the Borough Building Permit Ordinance. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of the ordinance.
B. 
Plot plans. A plot plan shall show a separate lot for each main building; provided, however, that where a development consists of an integrated arrangement of dwellings or other buildings designed and intended to be maintained in a single ownership, the Zoning Officer may waive the requirement of showing separate lots for each separate main building.
C. 
Permits.
(1) 
No building permit shall be issued for the erection, construction, reconstruction, structural alteration or moving of any building or structure or part thereof, unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter.
(2) 
After a permit under this chapter has been received by the applicant, the applicant may undertake the allowed action. 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.
D. 
Lots. Where a lot is formed from part of a lot already improved, the separation must be made in such a manner as not to impair any of the provisions of this chapter, whether related to the then-existing improvements or to a proposed or future new improvement on the lot so formed, and in such a manner that both the remainder of the former lot and the new lot so formed shall comply with the lot area and lot width provisions of this chapter.
E. 
Completion of buildings for which permits have been issued. Nothing in this chapter shall require any change in the plans, construction or designated use of a building or structure for which a lawful building permit has been issued prior to the effective date of this chapter or any amendment thereto affecting such building or structure or the use thereof, provided that:
(1) 
The construction of such building or structure shall have been begun and diligently pursued within three months from the date of such permit.
(2) 
The ground story framework, including the second tier of beams, shall have been completed within six months from the date of such permit.
(3) 
The entire building or structure shall be completed according to such filed and approved plans upon which the issuance of such permit was based, within one year from the effective date of this chapter or any such amendment thereto.
(4) 
In the event that Subsection E(1) and (2) or (3) are not complied with, such building permit shall be revoked by the Zoning Officer.
A. 
Use change. It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land or part thereof hereafter erected or altered, enlarged or moved, in whole or in part, after the effective date of this chapter, or any building, structure, premises, lot or land, or part thereof of which the use is changed, until a certificate of occupancy has been obtained by the owner, as provided for under the Borough Building Permit Ordinance.
B. 
Ordinance conformity. No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration or moving of any building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.
C. 
Special exception. The Zoning Officer shall obtain a written order from the Zoning Hearing Board before issuing a certificate of occupancy in a case involving a special exception use pursuant to § 108-36 or a variance from the provisions of this chapter pursuant to § 108-37.
D. 
Existing uses. Upon written application by the owner or his authorized agent, the Zoning Officer shall issue a certificate of occupancy for any building or structure, lot or land existing and in use at the effective date of this chapter.
[Amended 3-4-2003 by Ord. No. 587, approved 3-4-2003]
Fees for building permit applications and for issuance of building permits and certificates of occupancy and for appeals and challenges shall be as fixed by resolution of the Council of the Borough of Pen Argyl.
A. 
If it appears to the Zoning Officer that a violation of the Zoning Ordinance has occurred, the Zoning Officer 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 a minimum, the following:
(1) 
The name of the owner(s) of record and any other person(s) against whom the Borough intends to take action.
(2) 
The address 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 the ordinance.
(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.
D. 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of the Zoning Ordinance 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 reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays or 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 the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance 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 District Justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of the Zoning Ordinance shall be paid over to the Borough.
E. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.
Duly certified copies of this chapter and of the Zoning Map which forms a part hereof, together with copies of all amendments hereto, shall be filed in the Borough Secretary's office and in the Zoning Officer's office and shall be open to public inspection.
A. 
Power to amend. Pursuant to the requirements of the Pennsylvania Municipalities Planning Code, as amended, the regulations, restrictions and boundaries set forth in this chapter including the Zoning Map, may from time to time, be amended, supplemented, challenged, changed or repealed through amendment by the Borough Council on its own motion or upon agreeing to hear a written request of any person, entity or the Borough Planning Commission.
B. 
Procedure for amendment. The following requirements shall be observed in making any amendment to this chapter:
(1) 
Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, pursuant to the public notice requirements of § 108-46A. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Borough at points deemed sufficient by the Borough along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
(2) 
In the case of an amendment other than that prepared by the Borough Planning Commission, the Borough Council shall submit each such amendment to the Borough Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Borough Planning Commission an opportunity to submit recommendations.
(3) 
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially or is revised to include land previously not affected by it, the Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
(4) 
The Borough Council shall submit the proposed amendment to the Lehigh Valley Planning Commission (LVPC) for recommendations at least 30 days prior to the hearing on such proposed amendment. No action shall be taken by the Borough Council until any LVPC comments are received, unless 30 days pass without such comments being received.
(5) 
Within 30 days after enactment, a copy of the amendment to the Zoning Ordinance and/or Zoning Map shall be forwarded to the JPC.
C. 
Curative amendments.
(1) 
Submittal. A landowner who desires to challenge on substantive grounds the validity of this chapter which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Borough Council with a written request that this challenge and proposed amendment be processed in accordance with the applicable provisions of the Pennsylvania Municipalities Planning Code, as amended.
(2) 
Curative fees. For a curative amendment request, the applicant shall pay the Borough Council all fees required under the applicable Borough fee schedule, which may be amended by resolution, and, at a minimum, shall compensate the Borough for all actual expenses for legal advertising.
(3) 
Municipal curative amendments. The applicable provisions of the Pennsylvania Municipalities Planning Code, as amended, shall be followed.
D. 
Validity of ordinance; substantive questions.
(1) 
A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provisions thereof which prohibits or restricts the use or development of land in which he has an interest shall submit the challenge either to the Zoning Hearing Board pursuant to § 108-32A or to Borough Council pursuant to Subsection C, together with a request for a substantive challenge or curative amendment, respectively, in accordance with the provisions of this chapter.
(2) 
Persons aggrieved by a use or development permitted on the land of another by an ordinance or map, or any provisions thereof, who desire to challenge the validity on substantive grounds shall submit their challenge to the Zoning Hearing Board for a decision thereon.
(3) 
Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material or proposed amendments, may be examined by the public.
(4) 
The submissions referred to in Subsection D(1) and (2) shall be governed by the provisions of the Pennsylvania Municipalities Planning Code, as amended, dealing with validity of ordinance and substantive questions.
A. 
Publication and advertisement.
(1) 
The Borough Council shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the Municipal Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
(a) 
A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published.
(b) 
An attested copy of the proposed ordinance shall be filed in the County Law Library or other county office designated by the County Commissioners.
(2) 
In the event that substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment, the Borough Council shall, at least 10 days prior to enactment, readvertise, in one newspaper of general circulation in the Borough, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
B. 
Procedure to obtain preliminary opinion. In order not to unreasonably delay the time when a landowner may secure assurance that the ordinance or map under which he proposed to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome or may be unavailable, the landowner may advance the date from which time for any challenge to the ordinance or map will run under § 108-34 by the following procedure:
(1) 
The landowner may submit plans and other materials describing his proposed use or development to the Zoning Officer for a preliminary opinion as to their compliance with the applicable ordinances and maps. Such plans and other materials shall not be required to meet the standards prescribed for preliminary 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) 
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, by some readily identifiable directive, and the place and times where the plans and other materials may be examined by the public.
(3) 
The favorable preliminary approval under § 108-34 and the time therein specified for commencing a proceeding with the Zoning Hearing Board shall run from the time when the second notice thereof has been published.
C. 
Appeals to court. The procedures set forth in Article X-A of the Pennsylvania Municipalities Planning Code, as amended, shall constitute the exclusive mode for securing review of any decision rendered pursuant to this chapter or deemed to have been made under this chapter.
D. 
Exemptions. This chapter shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
E. 
Validity. If any article, section, subsection, paragraph, clause, phrase or provision of this chapter or the location of any district boundary shown on the Zoning Map that forms a part hereof shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this chapter or Zoning Map as a whole or any part or provisions hereof other than the part so adjudged to be invalid or unconstitutional.