For the administration of this chapter, a Zoning
Officer, who may not hold any elective office in the Township, shall
be appointed. 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.
[Amended 6-20-2000 by Ord. No. 42]
It shall be the duty of the Zoning Officer to
enforce the provisions of this chapter and such power and authority
as is necessary for enforcement is hereby conferred upon the Zoning
Officer. The Zoning Officer shall examine all applications for permits,
issue zoning permits for construction and uses which are in accordance
with the requirements of this chapter, record and file all applications
for permits with accompanying plans and documents, and make such reports
as the Board of Supervisors may require. Permits for construction
and uses which are a variance to requirements of this chapter shall
be issued only upon written order of the Zoning Hearing Board. Permits
for construction and uses, which are a conditional use, shall be issued
only upon approval of such conditional use by Carroll Township Board
of Supervisors.
The governing body shall appoint a Zoning Hearing Board which shall be composed of three members, organized, empowered and conducted in accordance with Article IX of the Pennsylvania Municipalities Planning Code (53 P.S. § 10901) existing or hereafter as amended and supplemented (the "code"). The duly established Zoning Hearing Board shall have the following functions:
A.
Hearings. The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with Section 908 of the Code. Written
notice shall be given to the public, the applicant, the County Planning
Commission, the Zoning Officer, such other persons as the Zoning Hearing
Board shall designate and any person who has made timely request for
the same. Notices shall be given at such time and in such manner prescribed
by adopted Rules of the Zoning Hearing Board. The governing body may
establish reasonable fees, based on cost, to be paid by the applicant
and persons requesting any notice or materials not required by ordinance.
B.
Jurisdiction. The Zoning Hearing Board shall have
exclusive jurisdiction to hear and render final adjudications in the
following matters:
(2)
Challenges to the validity of a land use ordinance
raising procedural questions or alleged defects in the process of
enactment or adoption which challenges shall be raised by an appeal
taken within 30 days after the effective date of said ordinance. Where
the ordinance appealed from is the initial zoning ordinance of the
municipality and a Zoning Hearing Board has not been previously established,
the appeal raising procedural questions shall be taken directly to
court.
(3)
Appeals from the determination of the Zoning
Officer, including, but not limited to the granting or denial of any
permit, or failure to act on the application therefor, the issuance
of any cease and desist order or the registration or refusal to register
any nonconforming use, structure or lot.
(4)
Appeals from a determination by a Municipal
Engineer or the Zoning Officer with reference to the administration
of any floodplain or flood hazard ordinance or such provisions within
a land use ordinance.
(7)
Appeals from the determination of any officer
or agency charged with the administration of any transfers of development
rights or performance density provisions of this chapter.
(9)
Appeals from the determination of the Zoning Officer or Municipal Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving Article V or VII applications in Act 247.
C.
Variances.
(1)
The Zoning Hearing Board shall hear request
for variances where it is alleged that the provisions of this chapter
inflict unnecessary hardship upon the applicant. The Zoning Hearing
Board shall prescribe the form of application and require application
to the Zoning Officer. The Zoning Hearing Board may grant a variance,
provided the following findings are made where relevant in a given
case:
(a)
That there are unique physical circumstances
or conditions, including irregularity, narrowness or shallowness of
lot size or shape, or exceptional topographical or other physical
conditions peculiar to the particular property, and that the unnecessary
hardship is due to such conditions, and not the circumstances or conditions
generally created by the provisions of the ordinance in the neighborhood
or district in which the property is located;
(b)
That because of such physical circumstances
or conditions, there is no possibility that the property can be developed
in strict conformity with the provisions of this chapter and that
the authorization of a variance is therefore necessary to enable the
reasonable use of the property;
(c)
That such unnecessary hardship has not been
created by the appellant;
(d)
That 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)
That the variance, if authorized, will represent
the minimum variance that will afford relief and represent the least
modification possible of the regulation in issue.
(2)
In granting any variance, the Zoning Hearing
Board may attach such reasonable conditions and safeguards as it may
deem necessary to implement the purposes of this chapter and of the
code.
D.
Special exceptions. Applications for any special exceptions
as permitted by this chapter shall be made to the Zoning Hearing Board
through the Zoning Officer. The Zoning Hearing Board shall refer the
matter to the Planning Commission for report thereon as to its effect
on the Comprehensive Plan of the Township. After receipt of such report,
the Zoning Hearing Board shall hear the application in the same manner
and under the same procedure as it is empowered by law and ordinance
to hear cases and make exceptions to the provisions of this chapter.
[Added 10-16-2001 by Ord. No. 46]
(1)
It is the intent of this section to provide
special controls and regulations for particular uses that may, under
certain conditions, be conducted within the various zoning districts
established in this chapter. These particular controls and requirements
are additional to those imposed by other applicable ordinances of
Carroll Township.
(2)
The Zoning Hearing Board shall hear requests
for special exceptions in accordance with the following conditions
and requirements:
(a)
The Zoning Hearing Board shall determine that
the minimum requirements of this chapter have been met.
(b)
The Zoning Hearing Board shall find that the
use, structure, or action authorized by the special exception permit
will not be contrary to the preservation of the general character
of the neighborhood involved.
(c)
The Zoning Hearing Board shall duly consider
the following factors, as appropriate:
[1]
Ingress and egress to property and existing
and proposed structures thereon with particular reference to automotive
and pedestrian safety and convenience; traffic generation, flow and
control relative to exiting and future vehicular capacity of nearby
public rights of way, and access in case of fire, flood or other catastrophe.
[2]
Off-street parking and loading areas where required, with particular attention to the factors in Subsection D(1) hereof, and the noise, glare, odor or traffic effects of the special exception on adjoining properties and properties generally in the neighborhood.
[3]
Refuse and service areas.
[4]
Utilities, with reference to locations, availability
and compatibility.
[5]
Screening and buffering as required by this
chapter.
[6]
Signs as permitted by this chapter.
(3)
Nothing in this section shall relieve the owner or his agent, the developer, or the applicant for a special exception permit from obtaining subdivision and/or land development plan approval in accordance with Chapter 120, Subdivision and Land Development.
(4)
Fees and other costs. In addition to the filing fee and other costs requisite for subdivision and land development plan approval in accordance with Chapter 120, Subdivision and Land Development, the applicant shall pay the following costs:
(a)
Reasonable fees for compensation for the secretary
and members of the Zoning Hearing Board, notice and advertising costs
and necessary administrative overhead connected with the hearing.
(b)
An applicant, by filing for a use by special
exception, shall then be obligated to pay all costs hereinabove provided.
The applicant upon the submission of bills shall promptly submit payment
of such costs to the Township.
(c)
No zoning permit or other required permit shall
be issued by the Township Zoning and/or Building Permit Officer until
all such fees and costs have been paid in full by the applicant.
(5)
General procedures for special exceptions.
(a)
Application. Requests for special exceptions
shall be submitted, together with all required fees, in a written
application setting forth the grounds for the request in detail. A
development plan of the total area to be included in the application,
which shall be drawn to scale, shall accompany and be part of the
special exception application and contain the following:
[1]
The location, boundaries, dimensions and ownership
of the land.
[2]
In the case of nonresidential development, a
general description of the activities to take place as may be appropriate
such as maximum employment, working hours, customer traffic, delivery
services, and development schedule plan.
[3]
The location, use, and ground area of such proposed
building and other structure.
[4]
The locations, dimensions, arrangements and
proposed use of all open spaces, yards, streets, accessways, entrances,
exits, off-street parking facilities, loading and unloading facilities,
pedestrian ways and buffer yards.
[5]
The capacity arrangement and controls for all
areas to be used for automobile access, parking, loading and unloading
in sufficient detail to demonstrate that satisfactory arrangements
will be made to facilitate traffic movement from the street or highway.
[6]
The character of the buffer area and screening
devices to be maintained including the dimensions and arrangements
of all areas devoted to planting, lawns, trees or similar purposes.
[7]
A description of the proposed methods of control of development in sufficient detail to indicate the noise, glare, air pollution, water pollution, fire hazards, traffic congestion, other safety hazards to be produced, and if requested the appropriate environmental study required by § 138-109.
[8]
A description of the methods to be used for
water supply treatment and disposal of sewage, other wastes, refuse,
and storm drainage.
[9]
The names and addresses of all adjoining property
owners.
(b)
Referral to Carroll Township Planning Commission.
Applications for special exceptions shall be referred to the Carroll
Township Planning Commission for comment. In their review the Planning
Commission shall take into consideration the public health, safety,
and welfare, the comfort and convenience of the public in general
and of the residents of the immediate neighborhood in particular,
and may recommend appropriate conditions and safeguards as may be
required in order that the result of its action may, to the maximum
extent possible, further the expressed intent of this chapter and
the accomplishment of the following objectives in particular.
[1]
That all proposed structures, equipment, or
material shall be readily accessible for fire and police protection.
[2]
That the proposed use shall be of such location,
size and character that, in general, it will be in harmony with the
appropriate and orderly development of the district in which it is
proposed to be situated and will not be detrimental to the orderly
development of adjacent properties in accordance with the zoning classification
of such properties.
[3]
That, in addition to the above, in the case
of any use located directly adjacent to a residential district:
[a]
The location and size of such use,
the nature and intensity of operations involved in or conducted in
connection therewith, its site layout and its relation to access streets
shall be such that both pedestrian and vehicular traffic to and from
the use and the assembly of persons in connection therewith will not
be hazardous or inconvenient to said Residential District or conflict
with the normal traffic of the neighborhood; and
[b]
The location and height of buildings,
the location, nature and height of walls and fences, and the nature
and extent of landscaping on the site shall be such that the use will
not hinder or discourage the appropriate development and use of adjacent
land and buildings.
(6)
Special exceptions; specific procedures. Upon
receipt of a special exception application the following procedure
shall prevail:
(a)
Planning Commission review. Within 45 days of
the Township's receipt of a special exception use application, the
Township Planning Commission shall review said application together
with all supporting information and forward its written recommendations
to the Zoning Hearing Board.
(b)
Zoning Hearing Board action. The Zoning Hearing Board shall conduct a public hearing on each application for a special exception use. Such hearing shall be conducted in accordance with § 138-138 of this chapter. The initial public hearing shall be conducted within 60 days of the date of a complete application, unless the applicant has agreed in writing to an extension of time.
(c)
The Zoning Hearing Board shall make its final
decision based upon findings of fact as to the general factors set
forth and upon the specific factors for which a special exception
application is filed. The written decision or when no decision is
called for, make written findings on the application within 45 days
after the last hearing before the Board.
[Amended 6-20-2000 by Ord. No. 42]
A.
Requirements of zoning permit. A zoning permit shall be required prior to a building permit being issued; the erection, addition, or alteration of any building or portion thereof; prior to the use or change in use of a building or land; and prior to the change or extension of a nonconforming use, or the establishment of a home occupation pursuant to § 138-94M of this chapter. It shall be unlawful for any person to commence work for the erection or alteration of any building or for a change in land use, until a zoning permit has been duly issued therefor.
B.
Application for permits. All applications for permits,
and applications for issues to be determined by the Zoning Hearing
Board shall be accompanied by plans in duplicate, drawn to scale,
showing the actual shape and dimensions of the lot to be built upon,
the exact size and location of any buildings existing on the lot,
the lines within which the proposed building or structure shall be
erected or altered, the existing and intended use of each building
or part of a building, the number of families or dwelling units the
building is designed to accommodate and such information as may be
necessary to determine compliance with this chapter and all other
ordinances. One copy of such plans shall be returned to the owner
when such plans have been reviewed and acted upon by the Zoning Officer
and Building Permit Officer. All applications with accompanying plans
and documents shall become a public record after a permit is issued
or denied.
C.
Issuance of permits.
(1)
No building permit shall be issued by the Building
Permit Officer until the Zoning Officer has certified that the proposed
building, addition or alteration, complies with all the provisions
of this chapter, as well as the provisions of all other applicable
ordinances.
(2)
Zoning Officer and Building Permit Officer shall
act upon request within 30 days following a complete application.
(3)
A zoning permit issued hereunder shall become
void 12 months after issuance date, unless a request for extension
has been submitted to and approved by the Zoning Officer. Such request
shall be filed with the Zoning Officer at least 30 days prior to the
permit expiration date.
D.
Temporary permits. A temporary zoning permit may be authorized by the Zoning Officer for a temporary structure/building or use, such as, but not limited to, a construction trailer and temporary sales office. Such permit shall be issued for a specified period of time not to exceed one year, and may be renewed annually for an aggregate period not exceeding two years. All temporary structures/buildings or uses shall comply with the provisions of this chapter and Chapter 51, Building Permits.
[Amended 10-16-2001 by Ord. No. 46]
The Zoning Officer may issue a certificate of
nonconformance to the owner of any property, which is identified as
containing a nonconforming use or structure. The owner's property
and the issuance date of such certification shall be registered in
the records of the Township as follows:
A.
Such certificate of nonconformance shall be issued
within 180 days after the effective date of this chapter.
B.
The certificate of nonconformance shall set forth
in detail all of the nonconforming conditions of said property.
C.
A copy of the certificate of nonconformance shall
be retained and filed by the Zoning Officer.
D.
The certificate shall be for the purposes of insuring
the owner the right to continue a nonconforming use in accordance
with the regulations of this chapter.
Applications for any conditional use permitted
by this chapter shall be made to the Board of Supervisors through
the Zoning Officer. The Zoning Officer shall refer all such applications
to the Planning Commission for review and recommendation. The Planning
Commission shall review the application pursuant to applicable standards
and criteria and submit its recommendations to the governing body
for approval or denial pursuant to public notice and a public hearing.
[Added 10-16-2001 by Ord. No. 46]
The Zoning Hearing Board shall hear and decide
requests for special exceptions in accordance with the standards and
criteria set forth in this chapter. In granting a special exception,
the Zoning Hearing Board may attach such reasonable conditions and
safeguards as it may deem necessary to implement the purposes of this
chapter and of the Act 247, the Pennsylvania Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
The Township Board of Supervisors shall establish
a schedule of fees, charges and expenses, as well as a collection
procedure for zoning permits, certificates of occupancy, appeals,
variances, special exceptions, amendments, bonds and other matters
pertaining to this chapter. The schedule of fees shall be posted in
the office of the Zoning Officer.
B.
Such fees shall be payable to the Township and until
all applicable fees, charges and expenses have been paid in full,
the application shall be considered incomplete.
It shall be the duty of the Zoning Officer,
or his duly appointed representative, to make the following minimum
number of inspections of property for which a permit has been issued:
A.
At the beginning of construction.
(1)
A record shall be made indicating the time and
date of inspection and the finding of the Zoning Officer in regard
to conformance of the construction with plans submitted with the approved
zoning permit application.
[Amended 6-20-2000 by Ord. No. 42]
(2)
If the actual construction does not conform
to the application, a written notice of violation shall be issued
by the Zoning Officer, and such violation shall be discontinued. Upon
proper correction of the violation and receipt of written notice from
the Zoning Officer, construction shall proceed.
B.
At the completion of construction. A record shall
be made indicating the time and date of the inspection; the findings
of the Zoning Officer in regard to conformance to all Township ordinances,
and the opinion of the Zoning Officer in regard to the issuance of
any applicable permit.
[Amended 6-20-2000 by Ord. No. 42]
A.
A certificate of use shall be a statement issued by
the Zoning Officer setting forth that a building, structure, parcel,
or use of land complies with the provisions of all Township ordinances.
[Amended 6-20-2000 by Ord. No. 42]
B.
No vacant land shall be occupied or used, and no structure
or part of a structure hereafter erected, substantially altered or
changed in use shall be occupied or used until a certificate of use
shall have been issued by the Zoning Officer.
C.
A certificate of use for the use of vacant land or
for a change in the use of land, or for a change in the use of an
existing building, either for whole or part of a new building or for
the alteration of an existing building, shall be applied for coincident
with the application for a building or zoning permit, and shall be
issued or denied within 15 days after a final inspection by the Zoning
Officer.
[Amended 6-20-2000 by Ord. No. 42]
D.
A certificate of use for changing or extending a nonconforming
use, existing at the time of the passage of this chapter or of an
amendment thereto, shall be applied for and issued before any such
nonconforming use shall be changed or extended. Such certificate shall
be issued within 15 days after a final inspection and approval by
the Zoning Officer.
E.
A record of all certificates of use shall be kept
on file in the office of the Zoning Officer and a copy shall be furnished
on request to any person having a proprietary or tenancy interest
in the building or land affected.
[Amended 3-6-2012 by Ord. No. 60]
A.
Violations.
The construction, alteration, maintenance, or use of any structure,
building, sign, land, or landscaping; or 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;
or the use of any building, structure, sign or land without receipt
of a certificate of use and occupancy; or the failure to comply with
any other provision of the chapter; or the violation of any conditions
imposed upon the grant of a special exceptions 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.
B.
Enforcement
notice. If it appears to the Zoning Officer that a violation of this
chapter exists, the Zoning Officer shall send an enforcement notice
(also known as a "notice of violation and cease and desist order")
to the owner of record of the lot on which the violation has occurred,
to any person who has filed a written request to receive enforcement
notices regarding that lot, to any other person requested in writing
by the owner of record, and to any person whom the Township may bring
an enforcement action. The enforcement notice shall contain the name
of the owner of record and any other persons against whom the Township
may take action, the location of the property in violation, the specific
violation with a description of the requirements which have not been
met, citing in each instance the applicable provisions of this chapter,
the date before which steps for compliance must be commenced and that
date before which the steps must be completed, that the recipients
of the enforcement notice have the right to appeal to the Zoning Hearing
Board within 30 days, and that a failure to comply with the notice
within the time specified, unless extended by an appeal to the Zoning
Hearing Board, constitutes a violation with sanctions clearly described.
C.
Enforcement
action. If the enforcement notice is not complied with, the Zoning
Officer, with the approval of the Board of Supervisors, shall institute
in the name of the Township any appropriate action or proceeding at
law or in equity to prevent, restrain, correct or abate such violation
or to require the removal or termination of the unlawful use of this
chapter or the order of direction made pursuant thereto. The Board
of Supervisors may also direct the Zoning Officer or Township Solicitor
to institute a civil enforcement proceeding before a Magisterial District
Judge.
D.
Penalties.
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 for such violation in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including the reasonable attorneys’ fees incurred
by the Township as a result thereof. No judgment shall commence or
be imposed, be 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 constitutes a separate violation, unless a 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 this 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
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 attorneys’ fees collected
for the violation of this chapter shall be paid over to the Township
for the general use of the Township. Nothing contained in this section
shall be construed or interpreted to grant to any person or entity
other than the Township the right to commence any action for enforcement
pursuant to this section.
E.
Remedies.
In case any building, structure, sign or landscaping is erected, constructed,
reconstructed, altered, repaired, converted, or maintained; or any
building in violation of this chapter or of any of the regulations
made pursuant thereto, or any conditions imposed upon the grant of
a special exception or variance by the Zoning Hearing Board or upon
the grant of a special exception variance by the Zoning Hearing Board
or upon the grant of a conditional use by the Board of Supervisors,
then in addition to any other remedies provided by law, the Board
of Supervisors or, with the approval of the Board of Supervisors,
an officer of the Township may institute, in the name of the Township,
any appropriate action or proceeding to prevent, restrain, correct
or abate any such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use to prevent any
illegal act, conduct, business or use in and about such premises.
F.
Other
actions. The imposition of the penalties herein prescribed shall not
preclude the Township Solicitor from instituting appropriate action
to prevent unlawful erection or construction or to restrain, correct
or abate a violation or to prevent illegal use or occupancy of any
structure, building, sign, land and/or premises or to stop an illegal
act, conduct, business, use or occupancy of any structure, building,
sign and/or land in or about any premises.
A.
All applications before the Carroll Township Zoning
Hearing Board shall include an application fee. Such fee shall cover
the cost of compensation for the Secretary and members of the Zoning
Hearing Board, notice and advertising costs, necessary administrative
overhead connected with the hearing, and professional stenographer,
which fee shall be paid pursuant to Section 908.(7) of the Pennsylvania
Municipalities Planning Code. Application fee shall be set by resolution
by the Carroll Township Board of Supervisors.
[Added 6-20-2000 by Ord. No. 42]
B.
An appeal, or application for an amendment, or variance
from the terms of this chapter shall be filed with the Zoning Officer,
and shall contain:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the real
estate to be affected by such proposal.
(3)
A brief description and location of the real
estate to be affected by such proposal.
(4)
A statement of the present zoning classification
of the real estate in question, the improvements thereon, and the
present use thereof.
(5)
A statement of the section of this chapter under
which the appeal or application requested may be allowed, and reasons
why it should be granted; or a statement of the section of this chapter
governing the situation in which the alleged erroneous ruling is being
appealed, and reasons for the appeal.
(6)
An accurate description of the present improvements
and the additions intended to be made under this application, indicating
the size and use of such proposed improvements and general construction
thereof. In addition, there shall be attached a plot plan of the real
estate to be affected, as required to accompany applications for permits,
indicating the location and size of the lot and location of improvements
now erected, and proposed to be erected thereon.
(7)
Any other pertinent data required by the Zoning
Hearing Board, Township Board of Supervisors, and/or Zoning Officer,
as appropriate to their individual authorities set forth in this article.
In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals, and general welfare.
It is not intended to interfere with or abrogate or annul other rules,
regulations, or ordinances, provided that where this chapter imposes
a greater restriction upon the use of buildings or premises, or upon
the height of a building, or requires larger open spaces than are
imposed by such other rules, easements, covenants, restrictions, regulations
or ordinances, the provisions of this chapter shall control.
[Added 10-16-2001 by Ord. No. 46]
This chapter provides detailed procedures for
action by the Board of Supervisors, Planning Commission, Zoning Hearing
Board, and the public. The purpose of these sections is for the convenience
of the user of this document; however, from time to time the state
enabling legislation will be revised. As such the procedural requirements
of this chapter shall be compared against Act 247.[1] Act 247 will always preside and shall be the source for
procedural protocol.
[1]
Editor's Note: See 53 P.S. 10101 et seq.
