[Amended 2-2-2016 by Ord.
No. 2016-03]
A.
The Zoning Office shall administer, enforce, and interpret this chapter
in accordance with its literal terms. He shall be appointed by and
be responsible to Borough Council, shall demonstrate to Council a
working knowledge of municipal zoning, and shall hold no elective
office in the Borough. The Zoning Office need not be a resident of
Indiana Borough, and compensation for the position shall be at the
discretion of Council.
B.
The Zoning Office shall receive and process applications for building
permits and permission to occupy in accordance with this chapter,
and shall not permit any construction or any use or change of use
which does not conform to this chapter.
C.
The Zoning Office shall investigate alleged violations and take action in accordance with § 460-57 of this chapter. He shall also testify before the Zoning Hearing Board on contested decisions he has made or when otherwise called to testify.
D.
All questions of interpretation of this chapter shall be first presented
to the Zoning Office, who shall make a decision thereon based on literal
interpretation. The decision may be appealed to the Zoning Hearing
Board, which shall act after receiving recommendations and a written
record from the Planning Commission.
E.
The Zoning Official shall attend all meetings of the Planning Commission
and the Zoning Hearing Board, and meetings of the Borough Council,
as required by the Borough Manager.
F.
In addition, the Zoning Official shall represent the Borough at hearings before the Magisterial District Judge (see § 460-56C), shall maintain public files of all permits issued and applications processed, shall attend meetings of Council at its request to provide reports of his activities (see § 460-55H), and shall examine permitted work in progress (see § 460-55D).
[Amended 6-22-2004 by Ord. No. 2004-07; 5-3-2005 by Ord. No. 2005-02]
A.
No person shall erect, alter or convert any structure
or building or part thereof, nor alter the use of any land until a
zoning permit has been issued by the Zoning Office.
[Amended 2-2-2016 by Ord.
No. 2016-03]
B.
An application for a zoning permit shall include the
following in duplicate on forms provided by the Zoning Office. A site
plan may be waived by the Zoning Office if the application includes
no construction outside the existing buildings on the lot.
[Amended 2-2-2016 by Ord.
No. 2016-03]
(1)
A site plan drawn to scale showing the location of
the proposed new construction on the property relative to property
boundaries and abutting street with distances indicated; the location
of driveway entrances, signs, and off-street parking areas noting
the arrangement and number of spaces; method of collecting and draining
stormwater runoff, and any grading contemplated;
(2)
A statement describing the proposed use of the new
construction and the length, width, and height of its components,
as well as the number of dwellings and/or commercial units to be included;
(3)
Evidence of compliance with the Indiana Borough Building
Code and State Department of Labor and Industry if appropriate;
(4)
Highway occupancy permit, if access to property is
from a state highway, as well as method of maintaining flow line along
edge of road to which property has access where driveway will intersect
road; and
(5)
Such additional information as the Zoning Officer
may require to secure conformance with other Borough ordinances; and/or
to alert the applicant to regulations of state or federal agencies
that may impact his project.
C.
If the application is satisfactory, the Zoning Office
shall inspect the premises where the construction is proposed to occur.
It shall be the responsibility of the property owner to locate proposed
edges of construction and adjacent property lines.
[Amended 2-2-2016 by Ord.
No. 2016-03]
D.
The Zoning Office may from time to time visit the
property whereon the approved construction is taking place in order
to assure himself that the work is proceeding in accordance with the
Zoning permit. The Zoning Office shall not be denied access to the
property during normal working hours in order to inspect the construction
in progress, and may order the work corrected to conform to the permit
or halted pending appeal to the Zoning Hearing Board.
[Amended 2-2-2016 by Ord.
No. 2016-03]
E.
If an applicant wishes to amend the use, arrangement
or construction of his building from that shown on the permit after
the permit is approved, he shall file with the Zoning Office an application
for an amended zoning permit.
[Amended 2-2-2016 by Ord.
No. 2016-03]
F.
Zoning permits shall have a life of six months from
the date of issue. A permit may be renewed indefinitely every six
months thereafter at no charge to the applicant until the permitted
work is complete. No work shall be done after a permit has become
void and before a replacement permit has been issued.
G.
A demolition permit shall be required for the removal
of any building or part of any building on a permanent foundation.
The application shall secure a bond acceptable to the Borough to guarantee
that the excavation is backfilled, debris removed, and that sanitary
sewers are blocked and inspected, all within 60 days of the demolition
permit's date of issue.
H.
The Zoning Office shall keep records of all applications,
either approved or disapproved, including one copy of each permit
issued, and shall maintain a journal of his activities.
[Amended 2-2-2016 by Ord.
No. 2016-03]
A.
If the Zoning Officer finds any provisions of this
chapter are being violated, such as the operation of an illegal use
or the locating of a structure illegally on a lot, he shall notify
the owner of record of the property upon which the alleged violation
is occurring by mail or hand-delivered notice, with a copy to the
Borough Secretary and to others requested by the property owner.
B.
The enforcement notice shall state:
(1)
The owner's name and that of any other person against
whom the Borough intends to take action;
(2)
The location of the property in violation;
(3)
The specific violation with a description of the requirements
that have not been met, citing applicable provisions of this chapter;
(4)
The dates before which the steps for compliance must
be commenced and completed;
(5)
A statement that the recipient may appeal the notice
to the Zoning Hearing Board within 30 days of the notice's date; and
C.
At the end of the period within which the violation is to be corrected, the Zoning Officer shall inspect the property to determine if the violation has been removed. If the violation has not been corrected and the owner has not appealed to the Zoning Hearing Board to reverse the Zoning Officer's decision, modify it, or grant a time extension, the Zoning Officer shall take the owner before the Magisterial District Judge, who, if he finds the owner guilty, shall assess penalties and/or order appropriate action in accord with Subsection D below.
D.
Continuation of a violation beyond the period within
which it is to be corrected, without an appeal having been filed,
shall constitute a civil offense. While an appeal is in process, development
shall not continue on the contested portion of the project. Any person,
partnership, or corporation who or which 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 reasonable attorneys' fees incurred by the Borough
as a result thereof. No judgment shall be imposed or payable until
the date of the determination of the violation by the Magisterial
District Judge. If the defendant neither pays nor timely appeals the
judgment, the Borough may enforce the judgment pursuant to applicable
rules of civil procedure. Each day that a violation continues shall
constitute a separate violation. The Magisterial District Judge shall
determine on which day the violation actually commenced. All judgments,
costs and reasonable attorneys' fees collected for a violation shall
be paid over to the Borough.
E.
The owner or tenant of any structure, premises or
part thereof and any architect, engineer, builder, contractor, agent,
or other person who commits, participates in, assists in, or maintains
a violation may each be found guilty of a separate offense and suffer
the penalties herein provided.
F.
Nothing herein contained shall prevent the Borough
from taking such other lawful action as is necessary to prevent or
remedy any violation or to bring action to enjoin any violation of
this chapter.
G.
The Zoning Official or the designated staff member
shall notify the new owner at the time of transfer, in writing, advising
the new owner of the number of legal occupants. Such notification
should meet all the requirements of this chapter to notify the owner
of the number of legal occupants for the property.
[Added 5-3-2005 by Ord. No. 2005-02;
amended 2-2-2016 by Ord. No. 2016-03]
A.
An amendment of this chapter may be initiated by the
Planning Commission, by the Borough Council or by petition presented
to the Planning Commission by a property owner or owners, or by a
person or corporation who or which has an option to purchase property
in the Borough. The proposed amendment or petition shall be written
as proposed to be adopted. Revisions to the Zoning Map shall be specified,
in writing, citing particular boundaries. Spot zoning shall be prohibited
unless backed by a Planning Commission report on the future land use
of the neighborhood within which the proposed zoning is located, supporting
the amendment.
B.
The Planning Commission shall review an amendment
petition or a proposal by Borough Council and prepare recommendations
to Council not later than the Commission's second regular meeting
after receiving the proposal. The Commission may recommend approval
of the proposal as presented, approval with specific changes, or rejection.
If the proposal is made by Borough Council, Council shall allow the
Commission at least 30 days to review and comment on the proposal
before taking action.
[Amended 10-5-1999 by Ord. No. 1999-06]
(1)
In order for an amendment to the text of this chapter
of the Borough of Indiana to be considered by the Planning Commission,
a petition containing a minimum of 40 signatures must be presented
for the Planning Commission to consider such a change.
(2)
In order for an amendment to the Tax Map for the boundaries
of a zoned area to be considered for rezoning by the Planning Commission
of the Borough of Indiana, a petition containing the signatures of
the owners of a minimum of 60% of the lot front footage of those property
owners within the area proposed for the rezoning must be presented
to the Planning Commission to consider such a change.
C.
Borough Council, if it finds the amendment proposal
has merit, shall call and hold a public hearing after reviewing the
Commission's recommendations. In addition, the Board shall send the
proposal to the Indiana County Planning Commission for review and
comment at least 30 days before the hearing.
D.
Borough Council shall advertise for its hearing twice
in a newspaper of general local circulation, once in each of two consecutive
weeks, the first notice not more than 30 days and the second notice
not less than seven days before the hearing. The notice shall contain
the full text of the amendment or a summary, reference to a place
and times where and when the amendment may be examined free of charge
before the hearing, and the date, time, place, and purpose of the
hearing.
E.
In addition, where a change of zoning district boundary
is sought, the property or group of properties affected shall be posted
in at least one conspicuous location not less than seven days before
the hearing with the same information as in the hearing advertisement,
owners of property within, abutting, or directly across a street from
the boundaries of an area proposed for a change of zoning classification
shall be informed by hand delivered notice or by mail at least 14
days before the hearing with the same information. The applicant shall
receive his/her notice by certified mail.
F.
Borough Council shall hold the hearing, keeping a
written or sound record of the testimony, and shall make a decision
by majority vote to adopt or reject the amendment within 90 days after
the vote. Council shall submit a copy of the adopted ordinance to
the County Planning Commission, indicating the date of adoption and
the numerical vote favoring adoption.
G.
At least seven days but not more than 60 days before
adoption of an amendment, Council shall advertise once in a newspaper
of general local circulation a notice of its intention to adopt the
amendment. The notice shall include the date, time and place of the
meeting at which adoption will be considered, and reference to a place
in the Borough, and times and dates where and when the amendment may
be examined prior to adoption. The notice shall either contain the
full text of the amendment or a brief summary prepared by the Borough
Solicitor. If the full text is not used, a copy of the full text shall
be provided to the newspaper running the notice, and an attested copy
of the full text shall be filed in the County Law Library.
H.
If an amendment is substantially revised before the
vote to adopt, Borough Council shall, at least 10 days prior to adoption
re-advertise, noting a brief summary of the amendment and specifying
the final changes proposed. Appeal from a decision by Council on an
amendment proposal shall be to the Indiana County Court of Common
Pleas.
[Amended 2-2-2016 by Ord.
No. 2016-03]
I.
Curative amendment.
(1)
An owner of land in the Borough who wishes to challenge
on substantive grounds the validity of any part of this chapter or
map which prohibits or restricts the use or development of his/her
land may submit a curative amendment to Borough Council with a written
request that the challenge and proposed amendment be heard and decided.
(2)
Council shall commence the hearing after public notice within 60 days of receiving the request. The hearing shall be conducted in accordance with § 460-52 of this chapter but the words "Borough Council" shall be substituted for "Zoning Hearing Board." Council, at least 30 days before the hearing, shall refer the amendment proposal to both the Borough and County Planning Commissions for recommendations.
(3)
Council may accept a landowner curative amendment with or without revision, or may adopt an alternate amendment to cure the challenge. In making its decision, the Board shall consider the factors contained in § 460-50D(4). Within 45 days after the conclusion of the hearing, Council shall render its decision and immediately notify the landowner.
(4)
The curative amendment will be deemed to have been
denied if Council fails to commence the hearing within 60 days, notifies
the landowner it will not adopt the amendment, adopts an amendment
unacceptable to the landowner, or fails to act on the request within
45 days after the end of the hearing.
(5)
If the curative amendment is accepted, the landowner
shall file for a building permit based on such acceptance within one
year of the decision, or if land development or subdivision plans
are required a two-year lapse shall be permitted. In either case,
during these periods, no amendment to this chapter or any land development
ordinance shall be applied to adversely affect the owner's rights
as granted by the curative amendment.
(6)
If Borough Council determines that this chapter or
any specific part, including the map or a part thereof, is substantially
invalid, Council shall so declare, and propose to prepare amendments
to cure the invalidities.
(7)
Within 30 days after the declaration, Council shall
by resolution make findings specifying the invalidities which it proposes
to cure, referring to uses which are not permitted or not permitted
in sufficient quantity, classes of uses which require revision, or
to the entire ordinance.
(8)
Within 180 days of the declaration, Council shall
enact a curative amendment to cure the invalidity or reaffirm the
ordinance as it stood prior to the declaration.
(9)
From the date of the declaration; neither Council
nor the Zoning Hearing Board shall be required to receive curative
amendments or substantive challenges until either the amendment under
consideration has been adopted or the ordinance has been reaffirmed.
Council shall not declare a second municipal curative amendment until
at least three years after disposing of a previous amendment, unless
changes in the State Planning Code or a court decision in the interim
require amendment of the ordinance.
A.
Borough Council shall establish, by resolution, a
schedule of fees to cover the cost of permits, special exception approvals,
petitions to amend this chapter, or any action brought before the
Zoning Hearing Board.
B.
The current fee schedule shall be available at the
Borough office and may be amended only by official resolution of Council.
C.
No permit shall be issued nor any action taken on
proceedings before Council or the Zoning Hearing Board until the appropriate
fees have been paid in full.
A.
This chapter is required for the immediate protection
of the public health, safety, and welfare and shall be effective upon
its passage and signing by the President of Borough Council and the
Borough Secretary.
B.
This chapter has been duly presented after public
hearings and adopted at a regular meeting of the Borough Council of
Indiana Borough, Indiana County, Pennsylvania, Pennsylvania, held
on the third day of March 1998.
[Added 5-3-2005 by Ord. No. 2005-04]
A.
Filing of conditional use. For any use permitted by
conditional use, a conditional use must be obtained from the Borough
Council. In addition to the information required on the zoning permit
application, the conditional use application must show:
(1)
Ground floor plans and elevations of proposed structures;
(2)
Names and addresses of adjoining property owners,
including properties directly across a public right-of-way;
(3)
A scaled drawing (site plan) of the site with sufficient
detail and accuracy to demonstrate compliance with all applicable
provisions of this chapter; and
(4)
A written description of the proposed use in sufficient
detail to demonstrate compliance with all applicable provisions of
this chapter.
B.
General criteria. Each applicant must demonstrate
compliance with the following:
(1)
The proposed use shall be consistent with the purpose
and intent of this chapter;
(2)
The proposed use shall not detract from the use and
enjoyment of adjoining or nearby properties;
(3)
The proposed use will not effect a change in the character
of the subject property's neighborhood;
(4)
Adequate public facilities are available to serve
the proposed use (e.g., schools, fire, police and ambulance protection,
sewer, water, and other utilities, vehicular access, etc.);
(5)
The proposed use must comply with all applicable regulations
of this chapter; and
(6)
The proposed use will not substantially impair the
integrity of the Borough's Comprehensive Plan.
C.
Conditions. Borough Council, in approving conditional
use applications, may attach conditions considered necessary to protect
the public welfare and the purposes listed above, including conditions
which are more restrictive than those established for other uses in
the same zone. These conditions shall be enforceable by the Zoning
Office, and failure to comply with such conditions shall constitute
a violation of this chapter and be subject to the penalties described
in this chapter.
[Amended 2-2-2016 by Ord.
No. 2016-03]
D.
Site plan approval. Any site plan presented in support of the conditional use pursuant to Subsection A shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a building permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.
E.
Hearing procedures.
(1)
Before voting on the approval of a conditional use,
Borough Council shall hold a public hearing thereon pursuant to public
notice. Borough Council shall submit each such application to the
Borough Planning Commission at least 30 days prior to the hearing
on such application, to provide the Borough Planning Commission an
opportunity to submit recommendations. If after any public hearing
held upon an application, the proposed application is revised, Borough
Council shall hold another public hearing, pursuant to public notice,
before proceeding to vote on the application.
(2)
Public notice, as defined herein, and written notice
shall be given to the applicant, the Zoning Officer, such other persons
as the Borough Council shall designate by ordinance, and to any person
who has made timely request for the same. Written notices shall be
given at such time and in such manner as shall be prescribed by ordinance
or, in the absence of an ordinance provision, by rules of Borough
Council. In addition to the written notice provide herein, public
notice shall also include the posting of a sign at conspicuous locations
along the perimeter of the subject property deemed sufficient by the
Borough to notify potentially interested citizens. This sign(s) shall
be posted at least one week prior to the hearing and will include
the nature, date, time, and location of the hearing.
(3)
Borough Council may prescribe reasonable fees with
respect to hearings. Fees for said hearings may include compensation
for the Secretary, notice, and advertising costs, and necessary administrative
overhead connected with the hearing. The costs, however, shall not
include legal expenses, expenses for engineering, architectural, or
other technical consultants, or expert witness costs.
(4)
The parties to the hearing shall be the Borough, any
person affected by the application who has made timely appearance
of record before the Borough Council, and any other person, including
civic or community organizations permitted to appear by the Borough
Council. The Borough Council shall have power to require that all
persons who wish to be considered parties enter appearances, in writing,
on forms provided by the Borough Council for that purpose.
(5)
The President of Borough Council shall have power
to administer oaths and issue subpoenas to compel the attendance of
witnesses and the production of relevant documents and papers, including
witnesses and documents requested by the parties.
(6)
The parties shall have the right to be represented
by counsel, and shall be afforded the opportunity to respond and present
evidence and argument, and cross-examine adverse witnesses on all
relevant issues.
(7)
Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
(8)
Borough Council may keep a stenographic record of
the proceedings. The appearance fee for a stenographer shall be shared
equally by the applicant and Borough Council. The cost of the original
transcript shall be paid by Borough Council, if the transcript is
ordered by Borough Council; or shall be paid by the person appealing
the decision of Borough Council, if such appeal is made, and, in either
event, the cost of additional copies shall be paid by the person requesting
such copy or copies. In other cases, the party requesting the original
transcript shall bear the cost thereof.
(9)
Borough Council shall not communicate, directly or
indirectly, with any party or his representative in connection with
any issue involved, except upon notice and opportunity for all parties
to participate, shall not take notice of any communication, reports,
staff memoranda, or other materials, except advice from their solicitor,
unless the parties are afforded an opportunity to contest the material
so noticed and shall not inspect the site or its surroundings after
the commencement of hearing with any party or his representative,
unless all parties are given an opportunity to be present.
F.
Time limitation.
(1)
If a conditional use is granted, the necessary permit
shall be secured, and the authorized action begun within two years
after the date when the conditional use is finally granted, and the
building or alteration, as the case may be, shall be completed within
three years of that date. For good cause, Borough Council may at any
time, upon application in writing, extend either of these deadlines.
(2)
Should the appellant or applicant fail to obtain the
necessary permits within the two-year period, or having obtained the
permit, should he fail to commence work thereunder within such two-year
period, it shall be conclusively presumed that the appellant or applicant
has waived, withdrawn, or abandoned his application, and all approvals
and permits granted to him shall be deemed automatically rescinded
by Borough Council.
(3)
Should the appellant commence construction or alteration
within the two-year period, but should he fail to complete such construction
or alteration within the three-year period, Borough Council may, upon
10 days' notice, in writing, rescind or revoke the granted conditional
use, if Borough Council finds that no good cause appears for the failure
to complete within such three-year period, and if Borough Council
further finds that conditions have altered or changed in the interval
since the granting of the conditional use that revocation or rescission
of the action is justified.
(4)
As an alternative to the preceding, an applicant can request, as part of the original application before Borough Council, the granting of a timetable associated with the request which would supersede the deadlines imposed in Subsection E. In so doing, the applicant must demonstrate that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this section, Borough Council must establish a definite time frame for issuance of a zoning permit and completion of construction of the project.