A temporary use permit shall be required prior to the initiation
of an authorized temporary use of a structure, land or water body
and shall meet the following requirements:
A. Approvals required.
(1)
Temporary construction trailers, model homes or sales offices shall be subject to approval of a temporary use permit by the Zoning Officer under this section provided the Zoning Officer also determines compliance with §
220-98.
(2)
Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail business with the permission of the landowner for a period of not more than 72 consecutive hours shall be exempt from obtaining a temporary use permit. Any such activity that exceeds 72 consecutive hours in duration shall be exempt from obtaining approval of a use by special exception from the Zoning Hearing Board, but shall be subject to approval by the Zoning Officer of a temporary use permit, provided the Zoning Officer determines compliance with all applicable standards of §
220-90BB as a condition precedent to issuing the temporary use permit under this section.
(3)
Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining approval of a use by special exception from the Zoning Hearing Board, but shall be subject to approval by the Zoning Officer of a temporary use permit, provided the Zoning Officer determines compliance with all applicable standards of §
220-90BB as a condition precedent to issuing the temporary use permit under this §
220-145.
(4)
All other temporary uses shall be subject to approval by the Zoning Hearing Board of a use by special exception in accordance with the criteria of §
220-90BB as a condition precedent to obtaining a temporary use permit from the Zoning Officer under this §
220-145.
B. Application for temporary use permit. All requests for temporary
use permits shall be made, in writing, on a form furnished by the
City and shall include a full description of the type of use for which
such permit is being sought and the dates during which this use is
proposed to be in existence.
(1)
It shall be the duty of the Zoning Officer to review the application
for compliance, request more information of the applicant, if necessary,
and officially receive the application.
(2)
All applications for a temporary use permit shall be accompanied by a fee, to be based upon the fee schedule adopted by the City, as provided for in §
220-148 of this chapter.
(3)
Any temporary use that requires approval of a use by special exception by the Zoning Hearing Board shall include the information required by §
220-88A for approval of an application for a use by special exception.
C. Issuance of permit.
(1)
Any temporary use permit that requires approval of a use by special exception in accordance with the express standards and criteria of §
220-90BB shall not be issued until the favorable decision of the Zoning Hearing Board is received.
(2)
Applications for a temporary use permit shall be reviewed by
the Zoning Officer. The Zoning Officer shall either issue findings
as a basis for denial or shall approve the temporary use permit.
(3)
Upon approval of the application for a temporary use permit,
one copy of the permit shall be given to the applicant. The applicant's
copy of the permit must be publicly displayed at the site of the temporary
use during the existence of the use. One copy of the temporary use
permit shall be kept on file in the Office of the Zoning Officer.
D. Denial of permit. In the event of denial, the Zoning Officer shall
forward to the applicant a written statement containing the reason
for such denial and shall cite the specific requirements of this chapter
that have not been met.
E. Time limitations. Temporary use permits are valid for the time period specified in the approval. Annual renewal may be granted subject to the Zoning Officer's determination that there is continuing compliance with §
220-90BB. All temporary uses shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.
F. Inspections.
(1)
The Zoning Officer, or his duly appointed representative, shall
make an inspection of the property on which such temporary use is
to be located to determine the suitability of the site for the use.
This inspection shall be made prior to issuing a permit, prior to
initiation of the use or in the event a renewal of the permit is requested,
during the time the use is in existence.
(2)
A record shall be made indicating the time and date of inspection;
the findings of the Zoning Officer in regard to conformance with this
chapter and other City ordinances; and the opinion of the Zoning Officer
with regard to the suitability of the site for the temporary use.
G. Failure to obtain a temporary use permit. Failure to obtain a temporary use permit shall be a violation of this chapter and shall be subject to enforcement remedies as provided in §
220-141 of this chapter.
A sign permit shall be required in accordance with the provisions of §
220-118I of this chapter and Chapter
178 of the City Code. It shall be unlawful for any person to commence work for the erection or alteration of any sign until a permit has been issued.
A. Application for permit. All requests for sign permits shall be made, in writing, on a form furnished by the City and shall include all the information required by §
178-4 of the City Code. The application shall be accompanied by the fee required by §
178-7 of the City Code.
B. Issuance of permit.
(1)
Applications for a sign permit shall be reviewed by the Building
Inspector. The Building Inspector shall either issue findings as a
basis for denial or shall approve the application.
(2)
Upon approval of the sign permit, one copy of the permit shall
be given to the applicant, and one copy of the permit shall be kept
on file in the office of the Building Inspector.
C. Denial of permit. In the event of denial, the Building Inspector shall forward to the applicant, a written statement containing the reason for such denial and shall cite the specific requirements of this chapter and/or Chapter
178 of the City Code that have not been met.
D. Inspections. The Zoning Officer, the Building Inspector or their
duly appointed representatives, may make the inspections on property
on which the permanent sign is to be located including:
(1) Prior
to installation of the sign;
(2) Following
installation of the sign;
(3) Occasionally
to determine continued maintenance and compliance with this chapter;
(4) In
response to any written complaint;
(5) Whenever
the sign is proposed to be replaced or modified; and
(6) Upon
cessation of the use for which the sign was erected.
E. Failure to obtain a sign permit. Failure to obtain a sign permit shall be a violation of this chapter and Chapter
178 of the City Code and shall be subject to enforcement remedies as provided in §
220-141 of this chapter and §
178-34 of the City Code.
City Council may introduce and consider amendments to this chapter
and to the Zoning District Map. In addition, City Council may consider
amendments to this chapter and to the Zoning District Map that are
proposed by the Planning Commission, the Zoning Hearing Board or by
a petition of landowners of property within the City.
A. Petitions. Petitions for amendments by landowners shall be filed with the Planning Commission at least 20 calendar days prior to the meeting at which the petition is to be heard. In the case of a petition for reclassification of property, the petitioners, upon such filing, shall submit a legal description of the property proposed to be rezoned. All petitions shall include a statement justifying the request and documenting consistency with the City's Comprehensive Plan and a filing fee, in accordance with the fee schedule fixed by resolution of City Council as provided for in §
220-148. The Planning Commission shall review the proposed amendment and report its findings and recommendations in writing to City Council.
B. Referral. Any proposed amendment presented to City Council without
written findings and recommendations from the City Planning Commission
and the McKean County Planning Commission shall be referred to those
agencies for review at least 30 days prior to the public hearing of
City Council. City Council shall not hold a public hearing upon such
amendments until the required reviews are received or the expiration
of 30 days from the date of referral, whichever comes first.
C. Posting of property. If the proposed amendment involves a change
to the Zoning District Map, notice of the public hearing shall be
conspicuously posted by the City at points deemed sufficient by the
City along the tract to notify potentially interested citizens at
least seven days prior to the date of the public hearing.
D. Mailing of notices. In addition to posting the property, if the proposed amendment involves a change to the Zoning District Map, notice of the public hearing shall be mailed by the City at least 30 days prior to the date of the hearing by first-class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the City. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this §
220-147D. This §
220-147D shall not apply when the rezoning constitutes a comprehensive rezoning.
E. Public notice and public hearing. Before acting on a proposed amendment,
City Council shall hold a public hearing thereon. Public notice, as
defined by this chapter, shall be given containing a brief summary
of the proposed amendment and reference to the place where copies
of the same may be examined.
F. Readvertisement. If after any public hearing is held upon a proposed
amendment, the amendment is substantially changed or revised to include
land not previously affected by the amendment, City Council shall
hold another public hearing, pursuant to public notice, before proceeding
to vote on the amendment.
G. Publication, advertisement and availability.
(1)
Proposed amendments shall not be enacted unless City Council
gives notice of the proposed enactment, including the time and place
of the meeting at which passage will be considered and a reference
to the place in the City where copies of the proposed amendment may
be examined without charge or obtained for a charge not greater than
the cost thereof.
(2)
City Council shall publish the proposed amendment once in a
newspaper of general circulation in the City not more than 60 nor
less than seven days prior to passage. Publication of the proposed
amendment shall include either the full text thereof or the title
and a brief summary prepared by the City Solicitor setting forth all
the provisions in reasonable detail. If the full text is not included:
(a)
A copy thereof shall be provided to the newspaper at the time
public notice is published; and
(b)
An attested copy of the proposed ordinance shall be filed in
the County Law Library.
H. Action. In the case of proposed adoption of a completely revised
Zoning Ordinance, within 90 days of the date when the public hearing
on the proposed ordinance is officially closed, City Council shall
vote on the proposed ordinance. In the event substantial amendments
are made in the proposed ordinance or amendment, City Council shall
readvertise in one newspaper of general circulation in the City a
brief summary of the ordinance or amendments at least 10 days prior
to enactment.
I. Filing amendment with County Planning Commission. Within 30 days
after enactment, a copy of the amendment to this chapter shall be
forwarded to the McKean County Planning Commission.
J. Mediation option. City Council may offer the mediation option as an aid in completing proceedings authorized by this §
220-147. The City and the mediating parties shall meet the stipulations and follow the procedures set forth in §
220-136 of this chapter.
City Council shall establish and revise, from time to time,
a schedule of fees by resolution, as well as a collection procedure,
for all applications submitted under the provisions of this chapter.
The schedule of fees shall be available to the public from the Zoning
Officer or the City Administrator.
A curative amendment may be filed by a landowner who desires
to challenge, on substantive grounds, the validity of this chapter
or the Zoning District Map or any provision thereof, that prohibits
or restricts the use or development of land in which he has an interest.
A. Procedure. The landowner may submit a curative amendment to City
Council with a written request that his challenge and proposed amendment
be heard and decided as provided in Sections 609.1 and 1004 of the
Pennsylvania Municipalities Planning Code, Act 247, as amended. As with other proposed amendments, the curative amendment
shall be referred to the City Planning Commission and the McKean County
Planning Commission at least 30 days before the hearing is conducted
by City Council. Public notice shall be given in accordance with Sections
610, 1004 and other applicable provisions of the Pennsylvania Municipalities
Planning Code. The hearings shall be conducted in accordance with the
provisions of Subsections (4) through (8) of Section 908 of the Pennsylvania
Municipalities Planning Code and all references in that section to the Zoning Hearing
Board shall be references to City Council.
B. Evaluation of merits of curative amendment. If City Council determines
that a validity challenge has merit, City Council may accept a landowner's
curative amendment, with or without revision, or may adopt an alternative
amendment that will cure the alleged defects. City Council shall consider
the curative amendments, plans and explanatory material submitted
by the landowner and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities;
(2)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of this chapter or Zoning District Map;
(3)
The suitability of the site for the intensity of the use proposed
by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers,
natural resources and other natural features;
(4)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts;
and
(5)
The impact of the proposal on the preservation of agriculture
and other land uses that are essential to public health and welfare.
C. Declaration of invalidity by court. If the City does not accept a landowner's curative amendment brought in accordance with this §
220-149 and a court subsequently rules the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter, but only for those provisions that specifically relate to the landowner's curative amendment challenge.