An application for a permit for a conditional
use, in any zoning district where such a use is allowed, shall be
filed with the Zoning Officer and it shall:
A. Identify and describe the property, its location and
the present use being made of the property.
B. Reasonably describe present improvements and any intended
additions and changes to be made if the conditional use is granted.
C. Disclose the conditional use for which the application
is being made; and by plan, map and description, show how the property,
as it may be improved, meets or will meet the standards and criteria
required in this chapter for such conditional use.
D. Upon receipt of such application for conditional use,
the Zoning Officer shall forthwith refer the same to the attention
of the Township Planning Commission. The Planning Commission shall
arrange a date, time and place for a meeting with the applicant for
the conditional use. Said meeting shall be held within 45 days of
filing of the application with the Zoning Officer. The Planning Commission
shall make a recommendation on the application to the Township Supervisors
within 60 days of the original filing of the application with the
Zoning Officer.
E. The Township Supervisors may authorize conditional
uses pursuant to express standards and criteria specified in this
chapter for said uses and may attach such additional conditions and
safeguards as it may deem necessary.
F. The Township Supervisors shall hold a public hearing,
pursuant to public notice, on the conditional use, within 45 days
of receipt of the Planning Commission recommendation and shall issue
a decision within 15 days of the public hearing.
G. The Zoning Officer shall be under a duty of issuance
of a permit or order indicating the action of the Township Supervisors
as a result of the hearing on the application, and shall notify the
applicant.
H. Any affected party or any person having a legal interest
in the property may, within 30 days following such order having been
issued, appeal the same to Beaver County Court of Common Pleas, in
accord with the Judicial Code [42 PAC 933 (c) (1)] and the Municipal
Planning Code (Act 247 of 1968, as amended by Act 170 of 1988).
The interpretation and application of the provisions
of this chapter, shall be held to be the minimum requirements for
the promotion of the health, safety, morals and general welfare. The
chapter is not intended to interfere with or abrogate or annul other
rules, regulations or ordinances of the Township of Independence,
provided that where this chapter imposes a greater restriction upon
the use of building or premises, or upon the height of a building,
or requires larger open spaces than are imposed by other such rules,
regulations or ordinances, the provision of this chapter shall prevail.
In case any structure or land is or is proposed
to be erected, constructed, reconstructed, altered, converted, maintained
and/or used in violation of this chapter, or any regulations made
pursuant thereto, the Township Supervisors, in addition to specifically
authorizing the Zoning Officer to obtain enforcement and in addition
to other remedies, may institute in the name of the Municipality by
itself or through the Zoning Officer, any appropriate action or proceeding
to prevent, restrain, correct, or abate such building structure, land
or use or to prevent in or about such premises, any act, conduct,
business or use, constituting a violation.
All existing ordinances or parts of ordinances,
that are contrary to or conflict with the provisions of this chapter
are hereby repealed to the extent necessary to give this chapter full
force and effect. In the event that any ordinance or parts of ordinances
conflict with the terms and provisions of this chapter, then the ordinance
containing the stricter provisions and requirements will prevail and
govern.
The granting of a zoning permit for the erection
and/or use of a building or lot shall not constitute a representation,
guarantee or warranty of any kind or nature by the Municipality, or
an official or employee thereof, of the safety of any structure, use
or other proposed plan for any cause whatsoever, and shall create
no liability upon, or a cause of action against any such public official
or employee for any damage that may result pursuant thereto.
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 Independence Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by Independence Township 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 nor timely appeals the judgment, Independence 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
200, Zoning, shall be paid over to Independence Township.
[Added 11-2-1997 by Ord. No. 3-97]
An enforcement notice issued because of an apparent
violation of the chapter shall specify a period of 10 days within
which the recipient may appeal the matter to the Zoning Hearing Board,
and shall state that an appeal must be filed in writing, specify the
reasons why relief is sought, and be signed by the aggrieved property
owner and/or occupant, with a copy of the enforcement notice attached.