A.
Administration.
(1)
Zoning Officer. The provisions of this chapter
shall be enforced by an agent, to be appointed by the Board of Supervisors,
who shall be known as the "Zoning Officer." The Zoning Officer shall
receive such fees or compensation as the Board of Supervisors may,
by resolution, provide. The Zoning Officer shall not hold any elective
office within the Township.
(2)
Duties. The duties of the Zoning Officer shall
be:
(a)
To receive, examine and process all applications
as provided by the terms of this chapter. The Zoning Officer shall
also issue zoning permits for special exception and conditional uses
or for variances after the same have been approved.
(b)
To record and file all applications for zoning
permits and accompanying plans and documents and keep them for public
record.
(c)
Upon the request of the Board of Supervisors
or the Zoning Hearing Board, present to such bodies facts, records,
and any similar information on specific requests, to assist such bodies
in reaching their decisions.
(d)
To be responsible for keeping this chapter and
the Official Zoning Map up-to-date, including any amendments thereto.
(e)
Upon the granting by the Zoning Hearing Board
of a variance pertaining to the Floodplain Zone, the Zoning Officer
shall notify the applicant in writing within 15 days that:
(f)
Upon the approval by the Zoning Hearing Board
of a special exception, or upon the approval of a conditional use
by the Board of Supervisors for development located within the Floodplain
Zone, written notice of the approval shall be sent by registered mail
from the Zoning Officer to the Pennsylvania Department of Community
Affairs.
(g)
To remain eligible for the National Flood Insurance
Program, the Zoning Officer shall submit a biannual report to the
Federal Insurance Administration concerning the status of the program
in the Township (the report form shall be provided by the Federal
Insurance Administration).
(h)
To receive and render determinations upon applications
for reasonable accommodations requested in accordance with the United
States Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601
et seq., or the Americans with Disabilities Act, 42 U.S.C. § 12101
et seq., and the federal regulations adopted pursuant to such statutes.
B.
Enforcement. This chapter shall be enforced by the
Zoning Officer of the Township. No zoning permit of any kind shall
be granted by him/her for any purpose except in compliance with the
literal provisions of this chapter. The Zoning Officer may be authorized
to institute civil enforcement proceedings as a means of enforcement
when acting within his/her scope of employment.
C.
Violations.
(1)
The construction, alteration, maintenance or
use of any structure, building, sign, land, or landscaping or the
change of use, area of use, percentage of use or displacement of the
use of any structure, building, sign, land or landscaping without
first obtaining a zoning permit; the use of any building, structure,
sign or land without receipt of a certificate of use and occupancy;
the use or maintenance of any building, structure, sign or land for
a use or in a manner which is not in accordance with the provisions
of this chapter; or the use of property for a use different from that
set forth in any zoning permit or certificate of use and occupancy
which has been granted for the property without applying for and being
granted a zoning permit and certificate of use and occupancy for such
new or different use; the excavation, grading of or earthmoving activities
on any property in preparation for the erection of a structure or
change in use of a property without first obtaining a zoning permit;
the failure to comply with any other provision of this chapter; or
the violation of any conditions imposed upon the grant of a special
exception or variance by the Zoning Hearing Board or a conditional
use by the Board of Supervisors or by a court of competent jurisdiction
if a special exception, variance or conditional use is granted by
such court are hereby declared to be violations of this chapter.
(2)
If it appears to the Township that a violation
of the Zoning Ordinance has occurred, the Township shall initiate
enforcement proceedings by sending an enforcement notice as provided
in the following:
(a)
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.
(b)
An enforcement notice shall state at least the
following:
[1]
The name of the owner of record and any other
person against whom the Township intends 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 the 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 the 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.
Enforcement remedies. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter enacted under the Act or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township 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 chapter 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 Chapter 185, Zoning, shall be paid over to the Township.
E.
Causes of action. 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 any ordinance enacted under this act or prior enabling laws, the
governing body or, with the approval of the governing body, an officer
of the municipality, or any aggrieved owner or tenant or 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 municipality
at least 30 days prior to the time the action is begun by serving
a copy of the complaint on the governing body of the municipality.
No such action may be maintained until such notice has been given.
A.
General.
(1)
A zoning permit shall be required prior to a change in use of land or structure or the erection, construction, improvement or alteration of any structure or portion thereof that has a value in excess of $5,000 or the alteration or development of any improved or unimproved real estate, including but not limited to mining, dredging, filling, grading, paving, excavation or drilling operations or the erection or alteration of any signs specified in § 185-39C(2) of this chapter. Zoning permits shall also be required for the construction or installation of animal waste impoundments, lakes, ponds, dams, or other water retention basins. No zoning permit shall be required for repairs or maintenance of any structure or land, provided that such repairs do not change the use or the exterior dimensions of the structure or otherwise violate the provisions of this chapter.
(2)
Application for zoning permits shall be made
in writing to the Zoning Officer.
(3)
Such zoning permits shall be granted or refused
within 30 days from date of application.
(4)
No zoning permit shall be issued except in conformity
with the regulations of this chapter, except after written order from
the Zoning Hearing Board or the courts.
(5)
In all instances in which the Zoning Officer
expresses a reasonable doubt as to the ability of a proposed use to
meet all the requirements of this chapter, it will be incumbent upon
the applicant to furnish adequate evidence in support of his application.
If such evidence is not presented, the zoning permit will be denied.
(6)
Expiration of permit. A zoning permit shall
expire one year from the date of issuance; provided, however, that
the same may be extended for a period not to exceed an additional
one year.
(7)
Display of zoning permit. All zoning permits
shall be predominantly displayed on the subject property during construction,
renovation, reconstruction, repair, remodeling, or the conduct of
other site improvements. Such permit display shall occur within five
days of permit issuance or prior to the commencement of actual work
on the site, whichever comes first. The zoning permit shall be displayed
continuously until the site receives its certificate of use and occupancy.
B.
Application for all permits.
(1)
The applicant shall provide a general description
of the proposed work, development, use or occupancy of all parts of
the structure or land. The applicant shall provide plans, in duplicate,
drawn to scale showing the following:
(a)
Actual dimensions and shape of lot to be developed.
(b)
Exact location and dimensions of any structures
to be erected, constructed and/or altered.
(c)
Existing and proposed uses, including the number
of occupied units, businesses, and etc., that all structures are designed
to accommodate.
(d)
Off-street parking and loading spaces.
(e)
Utility systems affected and proposed.
(f)
Alteration or development of any improved or
unimproved real estate.
(g)
The size of each structure and, if applicable.
the number of employees anticipated in each structure.
(h)
Any other information that the Zoning Officer
may require to determine compliance with this chapter.
(2)
The applicant shall present the Zoning Officer
with evidence that the applicant has obtained a permit to authorize
the installation or alteration of an on-lot sewage disposal system
and/or connection to a public sewer system whenever any application
proposes a structure or use requiring sewage disposal.
(3)
The applicant shall present evidence that the
applicant has complied with all Township ordinances governing the
provision of a water supply to any structure.
(4)
The applicant shall demonstrate that the applicant
has obtained any necessary subdivision and/or land development approval.
(5)
The applicant shall demonstrate that the applicant
has access to the lot either by means of an existing driveway or access
drive or by presentation of proof of a driveway permit or highway
occupancy permit.
(6)
If the proposed development, excavation or construction
is located within the Floodplain Zone, the applicant shall provide
all of the following information:
(a)
The accurate location of the floodplain and
floodway.
(b)
The elevation, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929, of the lowest floor, including basements.
(c)
The elevation, in relation to the NGVD, to which
all structures and utilities will be floodproofed or elevated.
C.
Application for zoning permits for uses in all commercial
and industrial zones.
(1)
A location plan showing the tract to be developed,
zone boundaries, adjoining tracts, significant natural features, and
streets for a distance of 200 feet from all tract boundaries.
(2)
A plot plan of the lot showing the location
of all existing and proposed buildings, driveways, parking lots showing
access drives, circulation patterns, curb cut accesses, parking stalls
access from streets, screening fences and walls, waste disposal fields
or other methods of sewage disposal, other construction features on
the lot, and the location of all topographical features.
(3)
A description of the operations proposed in
sufficient detail to indicate the effects of those operations in producing
traffic congestion, noise, glare, air pollution, water pollution,
vibration, fire hazards, safety hazards, or the emission of any potentially
harmful or obnoxious matter or radiation.
(4)
Engineering plans for treatment and disposal
of sewage and industrial waste, tailings or unusable by-products.
(5)
Engineering plans for the handling of traffic,
noise, glare, air pollution, water pollution, vibration, fire hazards,
or safety hazards, smoke, or emission of any potentially harmful or
obnoxious matter or radiation.
(6)
Designation of the manner by which sanitary
sewage and stormwater shall be disposed and water supply obtained.
(7)
The proposed number of shifts to be worked and
the maximum number of employees on each shift.
(8)
Where use by more than one firm is anticipated,
a list of firms which are likely to be located in the center, their
floor area, and estimated number of employees.
D.
Temporary use permit. It is recognized that it may
be in accordance with the purpose of this chapter to permit temporary
activities for a limited period of time, which activities may be prohibited
by other provisions of this chapter. If such uses are of such a nature
and are so located that, at the time of obtainment of a special exception,
they will in no way exert a detrimental effect upon the uses of land
and activities normally permitted in the zone or they will contribute
materially to the welfare of the Township, particularly in a state
of emergency, under conditions peculiar to the time and place involved,
then the Zoning Hearing Board may, subject to all regulations for
the issuance of special exception elsewhere specified, direct the
Zoning Officer to issue a permit for a period not to exceed six months.
Such permits may be extended not more than once for an additional
period of six months.
E.
Certificate of use and occupancy.
(1)
It shall be unlawful to use and/or occupy any
structure, building, sign, and/or land or portion thereof for which
a zoning permit is required herein until a certificate of use and
occupancy for such structure, building, sign, and/or land or portion
thereof has been issued by the Zoning Officer. The application for
issuance of a certificate of use and occupancy shall be made at the
same time an application for a zoning permit is filed with the Zoning
Officer as required herein.
(2)
The application for a certificate of use and
occupancy shall be in such form as the Zoning Officer may prescribe
and may be made on the same application as is required for a zoning
permit.
(3)
The application shall contain the intended use
and/or occupancy of any structure, building, sign, and/or land or
portion thereof for which a zoning permit is required herein.
(4)
The Zoning Officer shall inspect any structure,
building or sign within 10 days upon notification that the proposed
work that was described under the permit has been completed, and if
satisfied that the work is in conformity and compliance with the work
described in the issued zoning permit and all other pertinent laws,
he/she shall issue a certificate of use and occupancy for the intended
use described in the original application.
(5)
The certificate of use and occupancy or a true
copy thereof shall be kept available for official inspection at all
times.
(6)
Upon request of a holder of a zoning permit,
the Zoning Officer may issue a temporary certificate of use and occupancy
for a structure, building, sign, and/or land or portion thereof, before
the entire work covered by the permit shall have been completed, provided
that such portion or portions may be used and/or occupied safely prior
to full completion of the work without endangering life or public
welfare. The Zoning Officer shall also issue a temporary certificate
of use and occupancy for such temporary uses as tents, use of land
for religious or other public or semipublic purposes, and similar
use and/or occupancy. Such temporary certificates shall be for the
period of time to be determined by the Zoning Officer; provided, however,
in no case shall a temporary certificate of use and occupancy be issued
for a period exceeding six months.
(7)
A certificate of use and occupancy shall not
be issued for structures and buildings located in subdivisions requiring
the posting of financial security to secure completion of improvements
unless the structure or building abuts either a roadway which has
been accepted by the Township for dedication or abuts a street which
has been paved with a base wearing course.
(8)
In commercial and industrial zones in which
operation standards are imposed, no certificate of use and occupancy
shall become permanent until 30 days after the facilities are fully
operational when, upon a reinspection by the Zoning Officer, it is
determined that the facilities are in compliance with all operation
standards.
All fees shall be determined by the Board of
Supervisors, and a schedule of such shall be made available to the
general public. The Board of Supervisors may reevaluate the fee schedule
and make necessary alterations to it. Such alterations shall not be
considered an amendment to this chapter and may be adopted at any
public meeting of the Board of Supervisors by resolution.
A.
Power of amendment. The Board of Supervisors may,
from time to time, amend, supplement, change or repeal this chapter,
including the Official Zoning Map. Any amendment, supplement, change
or repeal may be initiated by the Township Planning Commission, the
Board of Supervisors or by a petition to the Board of Supervisors
by an interested party.
B.
The Board of Supervisors shall consider, provide notice of, conduct public hearings upon, and enact proposed amendments to Chapter 185, Zoning and the Zoning Map in accordance will all requirements of the Act.
C.
Amendments initiated by Township Planning Commission.
When an amendment, supplement, change or repeal is initiated by the
Township Planning Commission, the proposal shall be presented to the
Board of Supervisors, which shall then proceed in the same manner
as with a petition to the Board of Supervisors which has already been
reviewed by the Township Planning Commission.
D.
Amendment initiated by Board of Supervisors. When an amendment, supplement, change or repeal is initiated by the Board of Supervisors, such amendment, supplement, change or repeal shall follow the procedure prescribed for a petition under Subsection E.
E.
Amendment initiated by a petition from an interested
party. A petition for amendment, supplement, change or repeal for
a portion of this chapter shall include an accurate legal description
and surveyed plan of any land to be rezoned and all of the reasons
supporting the petition to be considered. The petition shall also
be signed by at least one record owner of the property in question
whose signature shall be notarized attesting to the truth and correctness
of all the facts and information presented in the petition. A fee,
to be established by the Board of Supervisors, shall be paid upon
the filing of such petition for change and for the purpose of defraying
the costs of the proceedings prescribed herein. The Board of Supervisors
may require duplicate sets of petition materials.
F.
Curative amendment by landowner. The Board of Supervisors
will consider curative amendments filed by landowners in accordance
with all requirements of the Act.
G.
Curative amendment by Board of Supervisors.
(1)
The Board of Supervisors, by formal action,
may declare this chapter or portions thereof substantively invalid
and propose to prepare a curative amendment to overcome such invalidity.
Within 30 days following such declaration and proposal, the Board
of Supervisors shall:
(2)
Within 180 days from the date of the declaration
and proposal, the Board of Supervisors shall enact a curative amendment
to validate or reaffirm the validity of this chapter pursuant to the
provisions required by Section 609 of the Act in order to cure the
declared invalidity of the chapter.[1]
[1]
Editor's Note: See 53 P.S. § 10609.
(3)
Upon the date of the declaration and proposal, the Board of Supervisors shall not be required to entertain or consider any curative amendment filed by a landowner. Nor shall the Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of the chapter under § 185-113A subsequent to the declaration and proposal, based upon the grounds identical to or substantially similar to those specified in the resolution required by this section. Upon the enactment of a curative amendment to, or the reaffirmation of the validity of, this chapter, no rights to a cure by amendment or challenge shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which the Board of Supervisors propose to prepare a curative amendment.
(4)
The Board of Supervisors, having utilized the
procedures as set forth in this section, may not again utilize said
procedures for a thirty-six-month period following the date of the
enactment of a curative amendment or reaffirmation of the validity
of the chapter; provided however, that if after the date of declaration
and proposal there is a substantially new duty or obligation imposed
upon the Township by virtue of a Pennsylvania Appellate Court decision,
the Board of Supervisors may utilize the provisions of this section
to prepare a curative amendment to the chapter to fulfill this duty
or obligation.
H.
Authentication of Official Zoning Map. Whenever there
has been a change in the boundary of a zoning district or a reclassification
of the zoning district adopted in accordance with the above, the change
on the Official Zoning Map shall be made and shall be duly certified
by the Township Secretary and shall thereafter be refiled as part
of the permanent records of the Township.
A.
Filing of conditional use. For any use permitted by
conditional use, a conditional use must be obtained from the Board
of Supervisors. 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.
(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:
(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)
For development within the Floodplain Zone, that the application complies with those requirements listed in § 185-24J of this chapter.
(6)
The proposed use shall comply with those criteria specifically listed in Article IV of this chapter. In addition, the proposed use must comply with all other applicable regulations of this chapter.
(7)
The proposed use will not substantially impair
the integrity of the Township's Comprehensive Plan.
C.
Conditions. The Board of Supervisors, 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 Officer, and failure to comply with such conditions shall constitute
a violation of this chapter and be subject to the penalties described
in this article.
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 zoning 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. The Board of Supervisors shall
hear and render decisions on applications for conditional use approval
in accordance with all the requirements of the Act.
F.
Unless otherwise specified by the Board of Supervisors
or by law, a conditional use approval shall expire if the applicant
fails to obtain a zoning permit within one year from the date of authorization
thereof by the Board of Supervisors or by the court if such conditional
use approval has been granted after an appeal, or fails to complete
any erection, construction, reconstruction, alteration or change in
use authorized by the conditional use approval within two years from
the date of authorization thereof by the Board of Supervisors or by
the court if such conditional use approval has been granted after
an appeal. The Board of Supervisors for reasonable cause may extend
the approval for an additional period of up to one year.
All ordinances or parts of ordinances inconsistent
with the provisions of this chapter are hereby expressly repealed.
It is expressly provided that the provisions of this chapter shall
not affect any act done, contract executed or liability incurred prior
to its effective date or affect any suit or prosecution pending or
to be instituted to enforce any rights, rule, regulation or ordinance,
or part thereof, or to punish any violation which occurred under any
prior zoning regulation or ordinance. In the event any violation has
occurred under any prior zoning regulation or ordinance of Elizabeth
Township, prosecution may be initiated against the alleged offender
pursuant to the provisions of said prior zoning regulation or ordinance,
and the provisions and penalties provided in said prior zoning regulation
or ordinance shall remain effective as to said violation.
This chapter shall become effective October
1, 2003, as enacted by the Board of Supervisors of Elizabeth Township,
County of Lancaster, Commonwealth of Pennsylvania.
