[Added 7-24-1995 by Ord. No. 1544]
A.
For the administration of this chapter, a Zoning Officer, who shall
not hold any elective office in the City, shall be appointed.
B.
The Zoning Officer shall meet the qualifications established by the
City and shall be able to demonstrate to the satisfaction of the City
a working knowledge of municipal zoning.
C.
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.
D.
The Zoning Officer is hereby authorized to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment.
A.
Permits required.
(1)
A building permit shall be required:
(a)
Prior to 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.
(b)
Prior to the commencement of any construction or development
activity proposed to be undertaken within any floodplain district.
(2)
It shall be unlawful for any person to commence work relative to
any of the activities listed above until a building permit has been
duly issued therefor.
B.
Application for building permits. All applications for building permits
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 pertinent
ordinances. One copy of such plans shall be returned to the owner
when such plans shall be approved by the City Council. All applications
with accompanying plans and documents shall become a public record
after a permit is issued or denied.
C.
Issuance of permits. No building permit shall be issued until the
agent has certified that the proposed building, addition or alteration,
complies with all the provisions of this chapter, as well as with
all the provisions of the Uniform Construction Code, as may now or
hereafter be in effect.[1]
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
D.
Temporary permits. A temporary permit may be authorized by the Zoning
Hearing Board for a nonconforming structure or use which it deems
necessary to promote the proper development of the community, provided
that such nonconforming structure or use shall be completely removed
upon expiration of the permit without cost to the City. Such permits
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
three years.
A.
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 building permit has been issued.
B.
At the beginning of construction, a record shall be made indicating
the time and date of the inspection and the findings of the Zoning
Officer in regard to conformance of the construction with the application
for the building permit.
C.
If the actual construction does not conform to the application, a
written notice of a 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.
A.
A certificate of use shall be a statement issued by the Zoning Officer,
setting forth either that a building, structure or parcel of land
complies with the provisions of this chapter, or that a building or
structure lawfully may be employed for specified uses under the provisions
of this chapter, or both.
B.
No vacant land shall be occupied or used, and no structure or part
of a structure hereafter erected, structurally altered or changed
in use shall be occupied or used, until a certificate of use shall
have been regularly issued therefor by the Zoning Officer.
C.
A certificate of use, either for the 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 permit and shall be
issued within 15 days after the erection or alteration of such building
or part shall have been completed in conformity with the provisions
of this chapter.
D.
A certificate of use for the use or occupancy of vacant land or for
a change in the use of land, or for a change in the use of an existing
building, shall be applied for and issued before any such land shall
be occupied or used or such land or building changed in use, and such
certificate shall be issued within 15 days after application has been
made, provided such proposed use is in conformity with the provisions
of this chapter.
E.
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 application has been made, provided such proposed
change or extension is in conformity with the provisions of this chapter.
F.
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.
[Added 7-24-1995 by Ord. No. 1544]
A.
If it appears to the City that a violation of this chapter has occurred,
the City shall initiate enforcement proceedings by sending an enforcement
notice as provided in this section.
B.
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.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom
the City 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 this 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 period of 10 days.
(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.
[Added 7-24-1995 by Ord. No. 1544]
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 this chapter, the City Council
or, with the approval of the City Council, an officer of the City,
or any aggrieved owner or tenant of 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 City at least 30 days prior to the
time the action is begun by serving a copy of the complaint on the
City Council. No such action may be maintained until such notice has
been given.
[Amended 7-24-1995 by Ord. No. 1544]
A.
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 City, pay a judgment of not more than $500 plus all
court costs, including reasonable attorneys' fees incurred by the
City 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 Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the City 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 Magisterial
District Judge 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 the determination of a violation by the Magisterial District Judge,
and thereafter each day that a violation continues shall constitute
a separate violation.
B.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the City the right to
commence any action for enforcement pursuant to this section.
D.
Magisterial District Judges shall have initial jurisdiction over
proceedings brought under this section.
An appeal, or application for a special exception or variance
from the terms of this chapter, may be filed with the Zoning Officer,
and shall state:
A.
The name and address of the applicant.
B.
The name and address of the owner of the real estate to be affected
by such proposed exception or variance.
C.
A brief description and location of the real estate to be affected
by such proposed change.
D.
A statement of the present zoning classification of the real estate
in question, the improvements thereon, and the present use thereof.
E.
A statement of the section of this chapter under which the variance
or exception requested may be allowed and reasons why it should be
granted.
F.
A reasonably accurate description of the present improvements, and
the additions intended to be made under this application, indicating
the size of such proposed improvements, material 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 building
permits, indicating the location and size of the lot and size of improvements
now erected, and proposed to be erected thereon.
A.
It shall be the duty of the Secretary of the Zoning Hearing Board
to issue a Zoning Hearing Board certificate, which shall indicate
the action of the Zoning Hearing Board on applications for a special
exception or a variance or opinion on review. The Zoning Hearing Board
may cancel or revoke a Zoning Hearing Board certificate for any violation
of this chapter or of conditions imposed.
B.
Certificate of nonconformance. An application for a certificate of
nonconformance may be made to the Zoning Officer by the owner of any
property which, at the time of the effective date of this chapter,
does not conform to the provisions of this chapter. This certificate
shall be for the purpose of ensuring to such owner the right to continue
a nonconforming use, and a copy of the certificate of nonconformance
shall be retained by the agent.
