[Ord. 227, 12/18/2006]
1.
Administration.
A.
Zoning Officer. The provisions of this chapter shall be enforced
by an agent, to be appointed by the City Council, who shall be known
as the "Zoning Officer." The Zoning Officer shall receive such fees
or compensation as the City Council may provide. The Zoning Officer
shall not hold any elective office within the City. The City Council
may, by resolution, designate an employee or employees of the City
as Deputy Zoning Officers. The Deputy Zoning Officers shall exercise
all the powers of the Zoning Officer during the Zoning Officer's temporary
absence or disability, for time periods designated in writing by the
Zoning Officer and delivered to the Deputy and to the Chair of the
City Council at the City Office. In the event that the Zoning Officer
is unable to give such written notice, the City Council may direct,
in writing, a Deputy to act as Zoning Officer.
B.
Duties. The Zoning Officer shall have the power and authority to
perform all of the following functions:
(1)
To receive, examine and process all applications and permits,
as provided by the terms of this chapter. The Zoning Officer shall
also issue building permits for special exception and conditional
uses or for variances after the same have been approved.
(2)
To record and file all applications for building permits or
certificates of use and occupancy, and accompanying plans and documents,
and keep them for public record. All information on all applications
filed with the Zoning Officer shall be deemed to have been provided
by the applicant.
(3)
To inspect properties to determine compliance with all provisions
of this chapter as well as conditions attached to the approval of
variances, special exceptions, conditional uses, and curative amendments.
(4)
To inspect nonconforming uses, structures and lots and to keep
a filed record of such nonconforming uses and structures, together
with the reasons why the Zoning Officer identified them as nonconformities,
as a public record and to examine them periodically, with the view
of eliminating the nonconforming uses under the existing laws and
regulations.
(5)
Upon the request of the City Council, to present to such body
facts, records and any similar information on specific requests to
assist such body in reaching its decisions.
(6)
To be responsible for keeping this chapter and the Official
Zoning Map up-to-date, including any amendments thereto.
(7)
Upon the approval by the Zoning Hearing Board of a special exception
or upon the approval of a conditional use by the City Council 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 and Economic Development.
(8)
To remain eligible for the National Flood Insurance Program,
the Zoning Officer, as the Floodplain Administrator, shall submit
a biannual report to the Federal Insurance Administration concerning
the status of the program in the City (the report form shall be provided
by the Federal Insurance Administration).
[Amended by Ord. 268, 11/7/2011]
(9)
To render a preliminary opinion regarding a proposed land use
in accordance with Section 916.2, of the Act.
(10)
To investigate alleged violations of this chapter. If a signed
written complaint is received, said investigation shall be completed
within 30 days of receipt of said complaint. A written report of all
investigations of alleged violations of this chapter shall be prepared
and properly filed, and a copy shall be sent to the City Council.
If, after investigation, the Zoning Officer determines that a violation
has occurred, he shall take action as provided in this chapter.
(11)
To revoke a permit or approval issued under the provisions of
this chapter in case of any false statement or misrepresentation of
fact in the application or on the plans on which the permit or approval
was based or for any other cause set forth in this chapter or otherwise
permitted by law.
(12)
To issue stop-work orders when the Zoning Officer determines
that a violation of this chapter exists or that construction is being
commenced in a manner not authorized by a permit or in a manner violating
any approvals issued under this chapter. This Zoning Officer may issue
stop-work orders orally or in writing. If the Zoning Officer issues
an oral stop-work order, the Zoning Officer shall subsequently confirm
such oral stop-work order with a written notice within five business
days.
2.
Enforcement. This chapter shall be enforced by the Zoning Officer
of the City. No building permit or certificate of use and occupancy
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.
3.
Violations.
A.
Failure to secure a building permit prior to a change in use of land
or structure or the erection, construction or alteration of any structure
or portion thereof shall be a violation of this chapter. It shall
also be a violation of this chapter to undertake other deliberate
actions which are contrary to the terms of this chapter and any conditions
placed upon the approval of special exceptions, variances, and conditional
uses. Each day that a violation is continued shall constitute a separate
offense.
B.
If it appears to the Zoning Officer that a violation of this chapter
enacted under the Act or prior enabling laws has occurred, he/she
shall initiate enforcement proceedings by sending an enforcement notice,
as provided in the following:
(1)
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.
(2)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against
whom the City intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation, with a description of the requirements
which have not been met, citing, in each instance, the applicable
provisions of the chapter.
(d)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within 30 days.
(f)
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.
4.
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 City, pay a judgment of not more than $500, plus
all court costs, including reasonable attorney's fees incurred by
the City 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 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 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's fees collected for the violation of this
chapter shall be paid over to the City.
5.
Causes of action. In case any building, structure, landscaping or
land is or is proposed to be erected, constructed, reconstructed,
altered, repaired, converted, maintained, or used in violation of
this chapter enacted under the 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 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 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.
[Ord. 227, 12/18/2006]
1.
General requirements for building permits.
A.
Building permit required.
(1)
A building permit shall be required prior to:
(a)
A change in use of land or structure.
(b)
The erection or construction of a structure or portion thereof,
excluding fences for gardens, swimming pools, tennis courts, and athletic
fields and temporary signs conforming to the requirements of this
Chapter.
[Amended by Ord. 279, 1/21/2013]
(c)
The improvement or alteration of any existing structure where
such improvement or portion thereof increases the amount of space
which the structure encloses.
(d)
The demolition or removal of any structure.
(e)
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.
(f)
The erection or alteration of any signs specified in § 315
of this chapter as requiring a building permit.
(g)
The construction or installation of animal waste impoundments,
lakes, ponds, dams, or other water-retention basins.
(2)
No building 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.
B.
Application for building permits shall be made in writing to the
Zoning Officer on a form specified for such purpose.
C.
Application for a permit shall be made by the owner or lessee of
any building or structure, or the agent of either; provided, however,
that, if the application is made by an agent of the owner or lessee,
the application shall note that the agent is acting on behalf of the
owner or lessee. The full names and addresses of the owner, lessee,
agent, and of the responsible officers, if the owner or lessee is
a corporate body, shall be stated in the application.
D.
Application for a permit shall be accompanied by a fee as prescribed
by the City Council pursuant to resolution. No application shall be
considered complete nor permit issued without payment of the required
fee. The payment of fees under this section shall not relieve the
applicant or holder of said permit from payment of other fees that
may be required by this chapter or by another ordinance or law.
E.
Such building permits shall be granted or refused within 90 days
from the date of submission of evidence of compliance with all applicable
local, county, state and federal requirements. For permits involving
oil and gas operations, the permit shall be granted or refused within
30 days from the date of submission of a complete application for
the permit.
[Amended by Ord. 275, 7/2/2012]
F.
No building 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.
G.
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 building permit will be denied.
H.
The Zoning Officer may call upon other City staff and/or City-appointed
consultants in the review of submitted materials for applications.
I.
The Zoning Officer may revoke a permit or approval issued under the
provisions of this chapter in case of any false statement or misrepresentation
of fact in the application or on the plans on which the permit or
approval was based or for any other cause set forth in this chapter.
J.
Issuance of permits.
(1)
Upon receipt of the application, the Zoning Officer shall examine
the application and supporting information to determine compliance
with this chapter and other applicable City and County ordinances,
statutes and regulations. The Zoning Officer shall determine if any
applicable conditional use or special exception approvals have been
obtained, if state sanitation inspection requirements have been met,
and, in the case of public buildings, the required permits have been
issued by the Department of Labor and Industry. No building permit
shall be issued unless the applicant presents the Zoning Officer with
proof that any applicable subdivision and/or land development approval
has been granted, a sewage permit has been issued by the City Sewage
Enforcement Officer for the lot, a highway occupancy permit from the
Department of Transportation has been issued, if applicable, in order
that access may be gained to the lot, and all other required City
and Authority approvals and permits have been granted or issued. In
addition, no building permit shall be issued for any property with
an existing zoning violation.
(2)
No building permit shall be issued for any activity that is
required to have an improvement guaranty until an improvement guaranty
is accepted by resolution of the City Council. The definitions, requirements
and procedures of the improvement guaranty shall be in compliance
with the prevailing Subdivision and Land Development Ordinance.[1]
(3)
The Zoning Officer shall mark the application as either approved
or disapproved and shall return one copy of the application to the
applicant. The other copy shall be retained by the Zoning Officer
for the City files. If disapproved, the Zoning Officer shall attach
a statement to the application explaining the reasons for such disapproval
and informing the applicant of his right to appeal to the Zoning Hearing
Board.
K.
Reconsideration of application. An applicant whose request for a
permit has been denied by the Zoning Officer may make a later application
for a permit, provided that all deficiencies which were the basis
for the prior denial of the permit have been eliminated. The Zoning
Officer shall not be required to make a new inspection of the application
if this condition is not met.
L.
Expiration of permit. The permit shall expire after one year from
the date of issuance; provided, however, that the same may be extended
every six months, for a period not to exceed an additional one year,
upon good cause shown to the Zoning Officer by written application.
M.
Compliance with this chapter. The permit shall be a license to proceed
with the work and should not be construed as authority to violate,
cancel or set aside any of the provisions of this chapter, except
as stipulated by the Zoning Hearing Board or, where applicable under
this chapter, where the City Council so stipulates.
N.
Compliance with permit and plot plan. All work or uses shall conform
to the approved application and plans for which the permit has been
issued, as well as the approved plot plan.
O.
Display of building permit. All approved building permits shall be
prominently displayed on the subject property during construction,
renovation, reconstruction, repair, remodeling, or the conduct of
other site improvements. Such permit displays shall occur within five
days of permit issuance or prior to the commencement of actual work
on the site, whichever occurs first. Such permit display shall be
continuous until the site receives its certificate of use and occupancy.
P.
Temporary use permits. 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 under a condition of emergency, which activities
may be prohibited by other provisions of this chapter.
2.
Filing requirements.
A.
Applications shall contain a general description of the proposed
work, development, use or occupancy of all parts of the structure
or land and shall be accompanied by plans, in duplicate, drawn to
scale and showing the following:
(1)
Actual dimensions, shape and acreage of the lot to be developed.
(2)
Exact location and dimensions of any structures to be erected,
constructed and altered, or use to be established.
(3)
Other existing structures and uses, including the number of
occupied units, businesses, etc., all structures are designed to accommodate.
(4)
Current land use, general topographic features, general type
and extent of existing vegetation, and any site development limitations.
(5)
Off-street parking and loading spaces.
(6)
Utility systems affected and proposed, including locations of
any primary and alternate on-lot sewage disposal systems and required
isolation distances imposed thereupon.
(7)
Other proposed alteration of any improved or unimproved real
estate.
(8)
Copies of any applicable subdivision/land development plan.
(9)
Letters of credit.
(10)
Improvement guaranties.
(11)
Highway occupancy permit.
(12)
Pennsylvania Department of Labor and Industry permit.
(13)
Sewage permits.
(14)
Driveway permits.
(15)
Letter from the Authority for valid connection permits.
(16)
Workers' compensation certificates.
(17)
Stormwater management plans in accordance with applicable City
ordinances.
(18)
Any other information that may be required by the Zoning Officer
to determine compliance with this chapter.
B.
If the proposed development, excavation or construction is located
within the Floodplain Zone, the following information is specifically
required to accompany all applications:
(1)
The accurate location of the floodplain, floodway, and base
flood elevations.
[Amended by Ord. 268, 11/7/2011]
(2)
The elevation, in relation to the North American Vertical Datum
of 1988 (NAVD 1988), of the lowest floor, including basements.
[Amended by Ord. 268, 11/7/2011]
(3)
The elevation, in relation to the NAVD 1988, to which all structures
and utilities will be floodproofed or elevated.
[Amended by Ord. 268, 11/7/2011]
(4)
Prior to the issuance of any building permit, the Zoning Officer
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[2] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[3] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No building permit shall be issued until this determination has been
made.
C.
Applications for permits for agricultural or nonagricultural uses
involving earth disturbance of 5,000 square feet or more, where any
of the following conditions apply, shall require submission of written
evidence that the proposed activity/use has an erosion and sediment
pollution control plan that meets with the approval of the Elk County
Conservation District:
(1)
Excavation involving the piping of stormwater or the construction
of man-made watercourses.
(2)
Excavation on a site that possesses slopes exceeding 10%.
(3)
Excavation within 50 feet of a stream or other body of water.
(4)
The proposed earthmoving activity presents the potential for
sedimentation to nearby bodies of water.
3.
Additional commercial/industrial zone filing requirements:
A.
A location plan showing the tract to be developed, zone boundaries,
adjoining tracts, significant natural features, and streets for a
distance of 100 feet from all tract boundaries.
B.
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 stall 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.
C.
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.
D.
Engineering plans for treatment and disposal of sewage and industrial
waste, tailings or unusable by-products.
E.
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.
F.
Designation of the manner by which sanitary sewage and stormwater
shall be disposed and water supply obtained.
G.
The proposed number of shifts to be worked and the maximum number
of employees on each shift.
H.
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.
4.
Certificate of use and occupancy.
A.
It shall be unlawful to use and/or occupy any structure, building,
sign, and/or land or portion thereof for which a 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 building permit is filed with the Zoning Officer as required
herein.
B.
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 building permit.
C.
The application shall contain the intended use and/or occupancy of
any structure, building, sign and/or land or portion thereof for which
a building permit is required herein.
D.
The Zoning Officer shall inspect any structure, building, or sign
within 30 days upon notification that the proposed work that was listed
under the permit has been completed; and, if satisfied that the work
is in conformity and compliance with the work listed in the issued
permit and all other pertinent laws, he shall issue a certificate
of use and occupancy for the intended use listed in the original application.
E.
The certificate of use and occupancy or a true copy thereof shall
be kept available for official inspection at all times.
F.
Upon request of a holder of a building 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. Such temporary certificate shall be for a period of time
to be determined by the Zoning Officer; however, in no case for a
period exceeding six months. Should the holder of a temporary certificate
of use and occupancy for a non-temporary use not complete all work
covered by the building permit within said six-month period, the temporary
certificate of occupancy is considered to be expired and the applicant
in violation of this chapter.
G.
A certificate of use and occupancy shall not be issued for structures
and buildings located in subdivisions requiring improvement guaranties,
unless the structure or building abuts either a roadway which has
been accepted by the City for dedication or abuts upon a street which
has curbing, if required, and a mud-free stone base.
H.
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.
[Ord. 227, 12/18/2006]
1.
Determination. The City Council may, by resolution, establish fees
for the administration of this chapter. All fees shall be determined
by a schedule that is made available to the general public. The City
Council 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 City Council.
[Ord. 227, 12/18/2006]
1.
Power of amendment. The City Council 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 City Planning Commission, the City Council or by a petition
to the City Council by an interested party.
2.
Hearing and enactment procedures for zoning amendments.
A.
Public hearing. Before hearing and enacting Zoning Ordinance and/or
Official Zoning Map amendments, the City Council shall conduct a public
hearing to inform the general public of the nature of the amendment
and to obtain public comment. Such public hearing shall be conducted
after public notice (as defined herein and listed below) has been
given.
B.
Public notice. Before conducting a public hearing, the City Council
shall provide public notice as follows:
(1)
Notice shall be published once each week for two successive
weeks in a newspaper of general circulation in the City. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days, and the second publication shall not
be less than seven days, from the date of the hearing. Publication
of the proposed amendment shall include either the full text thereof
or the title and brief summary, prepared by the City Solicitor and
setting forth all the provisions in reasonable detail. If the full
text is not included:
(a)
A copy of the full text shall be supplied to a newspaper of
general circulation in the City at the time the public notice is published.
(b)
An attested copy of the proposed ordinance shall be filed in
the County Law library or other county office designated by the County
Commissioners, who may impose a fee no greater than that necessary
to cover the actual costs of storing said ordinances.
(2)
For Official Zoning Map amendments, public notice shall also
include the posting of notice of said hearing at conspicuous points
deemed sufficient by the City along the perimeter of the tract, so
as to notify potentially interested citizens. The affected tract or
area shall be posted at least one-week prior to the hearing and will
exhibit the nature, date, time, and location of the hearing. In addition,
notice of the public hearing shall be mailed by the municipality at
least 30 days prior to the date of the public hearing, by first class
mail, to the addressees to which real estate tax bills are sent for
all property to be rezoned. Such notice shall include the location,
date and time of the public hearing. This mail-out hearing notice
requirement shall not apply to comprehensive rezoning proposals.
(3)
For curative amendments, public notice shall also indicate that
the validity of the ordinance and/or Official Zoning Map is in question
and shall give the place where, and the times when, a copy of the
request, including any plans, explanatory material or proposed amendments,
may be examined by the public.
(4)
If, after any public hearing held upon an amendment, the proposed
amendment is changed substantially or is revised to include land previously
not affected by it, the City Council shall hold another public hearing,
pursuant to public notice, before proceeding to vote on the amendment.
C.
Enactment notice. In addition to the public notice requirements defined herein, the City Council must publish a reference to the time and place of the meeting at which passage of the ordinance or amendment will be considered and a reference to a place within the City where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. Enactment notice shall be published at least once in one newspaper of general circulation in the City, not more than 60 days nor less than seven days prior to passage. The published content of the enactment notice shall be the same as that required for public notice described in the preceding Subsection 2B.
D.
City Planning Commission referrals.
(1)
For amendments proposed by parties other than the City Planning
Commission, the City Council shall submit each amendment to the City
Planning Commission at least 30 days prior to the public hearing on
such amendment.
(2)
A report of the review by the City Planning Commission, together
with any recommendations, may be given to the City Council within
30 days from the date of said referral. The recommendation of the
City Planning Commission may include a specific statement as to whether
or not the proposed action is in accordance with the intent of this
chapter and any officially adopted Comprehensive Plan of the City.
E.
Elk County Planning Commission referrals. All proposed amendments
shall be submitted to the Elk County Planning Commission at least
45 days prior to the public hearing on such amendments. The Commission
may submit recommendations to the City Council; however, if the Elk
County Planning Commission fails to act within 45 days, the City Council
may proceed without its recommendations.
F.
Adjournment of public hearing. If, during the public hearing process,
the City Council needs additional time to understand the proposal,
inform the public, receive public comment, and/or render a decision,
it may adjourn the public hearing to a time and place certain.
G.
Within 30 days after enactment, a copy of the amendment to the Zoning
Ordinance shall be forwarded to the Elk County Planning Commission.
3.
Amendments initiated by the City Planning Commission. When an amendment,
supplement, change, or repeal is initiated by the City Planning Commission,
the proposal shall be presented to the City Council, which shall then
proceed in the same manner as with a petition to the City Council
which has already been reviewed by the City Planning Commission.
4.
Amendment initiated by the City Council. When an amendment, supplement, change, or repeal is initiated by the City Council, such amendment, supplement, change, or repeal shall follow the procedure prescribed for a petition under § 703, Subsection 2.
5.
Amendment initiated by a petition from an interested party. A petition
for amendment, supplement, change, or repeal of 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 City Council 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 City Council may require duplicate sets of
petition materials.
6.
Curative amendment by a landowner. A landowner who desires to challenge,
on substantive grounds, the validity of the Zoning Ordinance or the
Official Zoning Map or any provision thereof which prohibits or restricts
the use or development of land in which he has an interest may submit
a curative amendment to the City Council.
A.
Such applications shall include:
(1)
A written description of the reasons supporting the request
to be considered.
(2)
Plans and explanatory materials describing the proposed use
or development that would not be permitted by the challenged ordinance,
in sufficient detail to demonstrate the need for approval of the request
and evaluation of the challenged ordinance or map.
(3)
An amendment or amendments to this Zoning Ordinance or Zoning
Map that would cure its alleged defect.
B.
Public hearing. Before hearing and enacting Zoning Ordinance and/or
Zoning Map amendments, the City Council shall commence a public hearing,
within 60 days of the request, to inform the general public of the
nature of the amendment and to obtain public comment. Such public
hearing shall be conducted after public notice (as defined herein
and listed below) has been given.
C.
Public notice. Before conducting a public hearing, the City Council
shall provide public notice as follows:
(1)
Notice shall be published once each week for two successive
weeks in a newspaper of general circulation in the municipality. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall not be more than 30 days, and the second publication shall not
be less than seven days, from the date of the hearing. Publication
of the proposed amendment shall include either the full text thereof
or the title and brief summary, prepared by the Municipal Solicitor
and setting forth all the provisions in reasonable detail. If the
full text is not included, a copy of the full text shall be supplied
to a newspaper of general circulation in the municipality at the time
the public notice is published, and an attested copy of the proposed
ordinance shall be filed in the County Law Library or other county
office designated by the County Commissioners, who may impose a fee
no greater than that necessary to cover the actual costs of storing
said ordinances. Public notice shall also indicate that the validity
of the ordinance and/or map is in question and shall give the place
where and the times when a copy of the request, including any plans,
explanatory material or proposed amendments, may be examined by the
public.
(2)
For Zoning Map amendments, public notice shall also include
the posting of a sign at conspicuous locations along the perimeter
of the subject property; these sign(s) shall be posted at least one-week
prior to the hearing and will exhibit the nature, date, time and location
of the hearing. In addition, notice of the public hearing shall be
mailed by the municipality at least 30 days prior to the date of the
public hearing, by first class mail, to the addressees to which real
estate tax bills are sent for all property to be rezoned. Such notice
shall include the location, date and time of the public hearing. This
mail-out hearing notice requirement shall not apply to comprehensive
rezoning proposals.
(3)
If, after any public hearing held upon an amendment, the proposed
amendment is changed substantially or is revised to include land previously
not affected by it, the City Council shall hold another public hearing,
pursuant to public notice, before proceeding to vote on the amendment.
D.
Enactment notice. In addition to the public notice requirements defined
herein, the City Council must publish a reference to the time and
place of the meeting at which passage of the ordinance or amendment
will be considered and a reference to a place within the municipality
where copies of the proposed ordinance or amendment may be examined
without charge or obtained for a charge not greater than the cost
thereof. Enactment notice shall be published at least once in one
newspaper of general circulation in the municipality not more than
60 days nor less than seven days prior to passage. The published content
of the enactment notice shall be the same as that required for public
notice described above.
E.
The City Council may prescribe reasonable fees with respect to hearings.
Fees for said hearings may include compensation for the secretary
and members of the City Council, notice and advertising costs and
necessary administrative overhead connected with the hearing. The
costs, however, shall not include legal expenses of the City Council,
expenses for engineering, architectural or other technical consultants
or expert witness costs.
F.
The hearings shall be conducted by the Council, or the Council may
appoint any member or an independent attorney as a hearing officer.
The decision or, where no decision is called for, the findings shall
be made by the Council; however, the appellant or the applicant, as
the case may be, in addition to the municipality, may, prior to the
decision of the hearing, waive decision or findings by the Council
and accept the decision or findings of the hearing officer as final.
G.
The parties to the hearing shall be the City, any person affected
by the application who has made timely appearance of record before
the City Council, and any other person, including civic or community
organizations, permitted to appear by the City Council. The City Council
shall have power to require that all persons who wish to be considered
parties enter appearances in writing on forms provided by the City
Council for that purpose.
H.
The Chairman or Acting Chairman of the City Council or the hearing
officer presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
I.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
J.
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
K.
The City Council or the hearing officer, as the case may be, shall
keep a stenographic record of the proceedings. The appearance fee
for a stenographer shall be shared equally by the applicant and the
City Council. The cost of the original transcript shall be paid by
the City Council if the transcript is ordered by the City Council
or hearing officer, or shall be paid by the person appealing the decision
of the City Council if such appeal is made, and in either event the
cost of additional copies shall be paid by the person requesting such
copy or copies. In other cases, the party requesting the original
transcript shall bear the cost thereof.
L.
The City Council or the hearing officer shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed, and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
M.
City Planning Commission referrals. For amendments proposed by parties
other than the City Planning Commission, the City Council shall submit
each amendment, at least 30 days prior to public hearing, to the City
Planning Commission for review and comment. The City Planning Commission
shall submit a report of its review, together with any recommendations,
to the City Council within 45 days from the date of said referral.
The recommendation of the City Planning Commission may include a specific
statement as to whether or not the proposed amendment is in accordance
with the intent of this chapter and any officially adopted Comprehensive
Plan of the City. The City Council cannot act upon the amendment until
it has received a recommendation from the City Planning Commission;
however, should the City Planning Commission fail to submit its recommendation
within 45 days, the City Council may proceed without its recommendation.
N.
Elk County Planning Commission referrals. All proposed amendments
shall be submitted to the Elk County Planning Commission at least
30 days prior to public hearing on such amendments. The Elk County
Planning Commission may submit recommendations to the City Council
within 45 days of such referral. The City Council cannot act upon
the amendment until it has received a recommendation from the Elk
County Planning Commission; however, should the Elk County Planning
Commission fail to submit its recommendation within 45 days, the City
Council may proceed without its recommendation.
O.
The Municipal Solicitor shall represent and advise the City Council
during the hearings. Additionally, the City Council may retain an
independent attorney to defend the challenged ordinance or map and
present suitable witnesses for that purpose.
P.
In reviewing the curative amendment, the City Council may deny the
request, accept the request as submitted, or may adopt an alternative
amendment which will cure the challenged defects. The 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 the ordinance or map.
(3)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodland, 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.
(5)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
Q.
The City Council shall render its decision within 45 days after the
conclusion of the last hearing.
R.
If the City Council fails to act on the landowner's request within the time limits referred to in the above Subsection 6P, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.
S.
The challenge shall be deemed denied when:
(1)
The City Council fails to commence the hearing within 60 days;
(2)
The City Council notifies the landowner that it will not adopt
the curative amendment;
(3)
The City Council adopts another curative amendment which is
unacceptable to the landowner; or
(4)
The City Council fails to act on the request 45 days after the
close of the last hearing on the request, unless the time is extended
by mutual consent by the landowner and the Municipality.
T.
A copy of the final decision or, where no decision is called for,
of the findings shall be delivered to the applicant personally or
mailed to him not later than the day following its date. To all other
persons who have filed their name and address with the City Council
not later than the last day of the hearing, the City Council shall
provide, by mail or otherwise, brief notice of the decision or findings
and a statement of the place at which the full decision or findings
may be examined.
U.
Adjournment of public hearing. If, during the public hearing process,
the City Council needs additional time to understand the proposal,
inform the public, receive public comment, and/or render a decision,
it may adjourn the public hearing to a time and place certain.
V.
Within 30 days after enactment, a copy of the amendment to the Zoning
Ordinance shall be forwarded to the Elk County Planning Commission.
W.
Where, after the effective date of the Act, a curative amendment proposal is approved by the grant of a curative amendment application by the City Council pursuant to this section or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 604, Subsection 1, or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval for a subdivision, land development or planned residential development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of Section 508 (4) of the Act shall apply.
X.
Where the proposal appended to the curative amendment application
or the validity challenge is approved but does not require further
application under any Subdivision or Land Development Ordinance,[1] the developer shall have one year within which to file
for a zoning permit. Within the one-year period, no subsequent change
or amendment in the zoning, subdivision or other governing ordinance
or plan shall be applied in any manner which adversely affects the
rights of the applicant as granted in the curative amendment or the
sustained validity challenge. During these protected periods, the
court shall retain or assume jurisdiction for the purpose of awarding
such supplemental relief as may be necessary.
Y.
At such time as the City officially adopts a Multi-Municipal Comprehensive
Plan but has not adopted a joint municipal ordinance, and all municipalities
participating in the Multi-Municipal Comprehensive Plan have adopted
and are administering zoning ordinances generally consistent with
the provisions of the Multi-Municipal Comprehensive Plan, and a challenge
is brought to the validity of this chapter involving a proposed use,
then the City Council shall consider the availability of uses under
zoning ordinances within the municipalities participating in the Multi-Municipal
Comprehensive Plan within a reasonable geographic area and shall not
limit its consideration to the challenge of this chapter.
7.
Curative amendment by the City Council.
A.
The City Council, 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 City Council shall:
B.
Within 180 days from the date of the declaration and proposal, the
City Council 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 ordinance.
C.
Upon the date of the declaration and proposal, the City Council 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 ordinance under § 604, Subsection 1, 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 City Council proposes to prepare a curative amendment.
D.
The City Council, 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 ordinance; provided, however,
that if, after the date of declaration and proposal, there is a substantially
new duty or obligation imposed upon the City by virtue of a decision
by any court of competent jurisdiction, the City Council may utilize
the provisions of this section to prepare a curative amendment to
the ordinance to fulfill this duty or obligation.
8.
Authentication of Official Zoning Map. Whenever there has been a
change in the boundary of a zone or a reclassification of the zone
adopted in accordance with the above, the change on the Official Zoning
Map shall be made and shall be duly certified by the City Secretary
and shall thereafter be refiled as part of the permanent records of
the City.
9.
Any applicant requesting an amendment to the Zoning Ordinance and/or
Map shall submit information about such request that complies with
this chapter and justifies the request. In addition, the applicant
must submit, in a format that can be adopted by the City Council,
the necessary amendments that make the Comprehensive Plan generally
consistent with the requested amendment.
[Ord. 227, 12/18/2006]
1.
Filing of conditional use. For any use permitted by conditional use,
a conditional use must be obtained from the City Council. In addition
to the information required on the building permit application, the
conditional use application must show:
A.
Ground-floor plans and elevations of proposed structures.
B.
Names and addresses of adjoining property owners, including properties
directly across a public right-of-way.
C.
A clear and legible site plan, drawn at a scale of 10 feet, 20 feet,
30 feet, 40 feet, or 50 feet to the inch.
D.
A written description of the proposed use in sufficient detail to
demonstrate compliance with all applicable provisions of this chapter.
2.
General criteria. Each applicant must demonstrate compliance with
the following:
A.
The proposed use shall be consistent with the purpose and intent
of this chapter.
B.
The proposed use shall not detract from the use and enjoyment of
adjoining or nearby properties.
C.
The proposed use will not effect a change in the character of the
subject property's neighborhood.
D.
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.).
E.
For development within the Floodplain Zone, that the application
complies with those requirements listed in City of Saint Marys Floodplain
Overlay Zone, as regulated by § 230 of this chapter.
F.
The proposed use shall comply with those criteria specifically listed in Part 4 of this chapter. In addition, the proposed use must comply with all other applicable regulations of this chapter.
G.
The proposed use will not substantially impair the integrity of the
Comprehensive Plan.
3.
Conditions. The City Council, 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 Part.
4.
Site plan approval. Any site plan presented in support of the conditional use pursuant to § 704, Subsection 1, 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 building permit. Any subsequent change made after the issuance of a building permit to the proposed use on the subject property, which is not reflected on the approved site plan, may require the obtainment of another conditional use approval.
5.
Hearing procedures.
A.
Before voting on the approval of a conditional use, the City Council
shall hold a public hearing thereon, pursuant to public notice. As
an alternative, the City Council may appoint any one of its members
or an independent attorney to act as a hearing officer. The City Council
shall submit each such application to the City Planning Commission
at least 30 days prior to the hearing on such application, to provide
the City Planning Commission an opportunity to submit recommendations.
If, after any public hearing held upon an application, the proposed
application is revised, the City Council or hearing officer shall
hold another public hearing, pursuant to public notice, before proceeding
to vote on the application.
B.
Public notice, as defined herein, and written notice shall be given
to the applicant, the Zoning Officer, such other persons as the City
Council shall designate by ordinance, and to any person who has made
timely request for the same. Written notices shall be given at such
time and in such manner as shall be prescribed by ordinance or, in
the absence of ordinance provision, by rules of the City Council.
In addition to the written notice provided herein, written notice
of said hearing shall be conspicuously posted on the affected tract
of land at least one-week prior to the hearing.
C.
The City Council may prescribe reasonable fees with respect to hearings.
Fees for said hearings may include compensation for the secretary,
notice and advertising costs, and necessary administrative overhead
connected with the hearing. The costs, however, shall not include
legal expenses, expenses for engineering, architectural or other technical
consultants, or expert witness costs.
D.
The parties to the hearing shall be the City, any person affected
by the application who has made timely appearance of record before
the City Council or hearing officer, and any other person, including
civic or community organizations, permitted to appear by the City
Council or hearing officer. The City Council or hearing officer shall
have power to require that all persons who wish to be considered parties
enter appearances in writing on forms provided by the City Council
or hearing officer for that purpose.
E.
The Chairman or Acting Chairman of the City Council or hearing officer
shall have power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant documents
and papers, including witnesses and documents requested by the parties.
F.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
G.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
H.
The City Council or hearing officer may keep a stenographic record
of the proceedings. The appearance fee for a stenographer shall be
shared equally by the applicant and the City Council. The cost of
the original transcript shall be paid by the City Council if the transcript
is ordered by the City Council or hearing officer; or shall be paid
by the person appealing the decision of the City Council or hearing
officer if such appeal is made; and, in either event, the cost of
additional copies shall be paid by the person requesting such copy
or copies. In other cases, the party requesting the original transcript
shall bear the cost thereof.
I.
The City Council or hearing officer shall not communicate, directly
or indirectly, with any party or his representative in connection
with any issue involved, except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed, and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
J.
The City Council shall render a written decision or, when no decision
is called for, make written findings on the conditional use application
within 45 days after the last hearing before the City Council. However,
the applicant and the Municipality may, prior to the decision of the
hearing, waive the decision or findings by the City Council and accept
the decision or findings of the hearing officer as final. Where the
application is contested or denied, each decision shall be accompanied
by findings of fact or conclusions based thereon, together with any
reasons therefor. Conclusions based on any provisions of this chapter
or of any ordinance, rule or regulation shall contain a reference
to the provision relied on and the reasons why the conclusion is deemed
appropriate in the light of the facts found.
K.
The first hearing before the City Council or its hearing officer
shall be commenced within 60 days from the date of the receipt of
the applicant's application, unless the applicant has agreed, in writing,
to an extension of time. Each subsequent hearing before the City Council
or its hearing officer shall be held within 45 days of the prior hearing,
unless otherwise agreed to be the applicant in writing or on the record.
An applicant shall complete the presentation of his case-in-chief
within 100 days of the first hearing. Upon request of the applicant,
the City Council or hearing officer shall assure that the applicant
receives at least seven hours of hearings within the 100 days, including
the first hearing. Persons opposed to the application shall complete
their opposition to the application within 100 days of the first hearing
held after the completion of the applicant's case-in-chief. An applicant
may, upon request, be granted additional hearings to complete his
case-in-chief, provided that the persons opposed to the application
are granted an equal number of additional hearings. Persons opposed
to the application may, upon the written consent or consent on the
record by the applicant and Municipality, be granted additional hearings
to complete their opposition to the application, provided that the
applicant is granted an equal number of additional hearings for rebuttal.
L.
Where the City Council or hearing officer fails to render the decision
within the period required by this subsection or fails to commence,
conduct or complete the required hearing as required by this subsection,
the decision shall be deemed to have been rendered in favor of the
applicant, unless the applicant has agreed, in writing or on the record,
to an extension of time. When a decision has been rendered in favor
of the applicant because of the failure of the City Council or hearing
officer to meet or render a decision as hereinabove provided, the
City Council or hearing officer shall give public notice of the decision
within 10 days from the last day it could have met to render a decision
in the same manner as required by the public notice requirements of
this chapter. If the City Council or hearing officer shall fail to
provide such notice, the applicant may do so.
M.
Nothing in this subsection shall prejudice the right of any party
opposing the application to appeal the decision to a court of competent
jurisdiction. A copy of the final decision or, where no decision is
called for, of the findings shall be delivered to the applicant personally
or mailed to him no later than the day following its date.
N.
Notwithstanding the provisions contained in this § 704.5,
an application for conditional use for an oil and gas operation shall
be deemed denied if City Council fails to render a decision on the
application within 120 days of the date of filing of a complete application.
[Added by Ord. 275, 7/2/2012]
6.
Time limitation.
A.
If a conditional use is granted, the necessary permit shall be secured,
and the authorized action begun, within two years after the date when
the conditional use is finally granted, and the building or alteration,
as the case may be, shall be completed within four years of said date.
For good cause, the City Council may, at any time, upon application,
in writing, extend either of these deadlines.
B.
Should the appellant or applicant fail to obtain the necessary permits
within said two-year period or, having obtained the permit, should
he fail to commence work thereunder within such two-year period, it
shall be conclusively presumed that the appellant or applicant has
waived, withdrawn or abandoned his application, and all approvals
and permits granted to him shall be deemed automatically rescinded
by the City Council.
C.
Should the appellant commence construction or alteration within said
two-year period but should he fail to complete such construction or
alteration within said four-year period, the City Council may, upon
10 days' notice, in writing, rescind or revoke the granted conditional
use, if the City Council finds that no good cause appears for the
failure to complete within such four-year period, and if the City
Council further finds that conditions have altered or changed in the
interval since the granting of the conditional use that revocation
or rescission of the action is justified.
D.
As an alternative to the preceding, an applicant can request, as part of the original application before the Council, the granting of a timetable associated with the request which would supersede the deadlines imposed in §§ 704, Subsection 6A through C. In so doing, the applicant must demonstrate that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this section, the Council must establish and bind a definite time-frame for issuance of a building permit and completion of construction of the project.
[Ord. 227, 12/18/2006]
Any resolution, ordinance or part of any resolution or ordinance
inconsistent herewith, and any amendments thereof, are hereby expressly
repealed.
[Ord. 227, 12/18/2006]
Should any section or provision of this chapter be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the chapter as a whole, or any part thereof,
other than the part so declared to be unconstitutional or invalid.
[Ord. 227, 12/18/2006]
This Zoning Ordinance shall become effective immediately upon
its enactment by the City Council of City of Saint Marys, County of
Elk, Commonwealth of Pennsylvania.
