A. 
The provisions of this chapter shall be interpreted and applied so as to be the minimum requirements for the promotion of the health, safety, welfare and morals of the citizens of the Borough of Munhall.
B. 
Where the conditions imposed by any provisions of this chapter upon uses of land or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or of another applicable law, municipal ordinance, rule or regulation of any kind, the regulations which are more restrictive shall govern.
C. 
This chapter is not intended to abrogate any easement, covenant or other private agreement, provided that, where the regulations of this chapter are more restrictive than such easements, covenants or other private agreements, the requirements of this chapter shall govern.
D. 
No structure shall be erected, converted or altered, nor shall any structure or land be used, except for a purpose permitted in the use district in which the structure or land is located, except as hereinafter provided. No structure shall be erected, enlarged or altered except in conformity with the area regulations, minimum yard requirements, performance standards and minimum off-street parking space requirements of this chapter for the district in which such structure is located.
E. 
Any person, partnership, or corporation found to have violated any of the provisions of this chapter shall be notified of said violation in accordance with the standards and procedures outlined under the MPC.
F. 
All applications for a variance, special exception, amendment, conditional use permit or any other permit, application or certificate within the scope of this chapter shall be made on printed forms provided by the Borough of Munhall. Any such application shall contain accurate information as to size and location of structures on the lot, the dimensions of all yards and open spaces, the sections of this chapter applicable to the request, and such other information as may be necessary to provide for the enforcement of this chapter. A file of all such applications shall be kept in the Borough Manager's office.
G. 
General administration. The duty of administering the provisions of this chapter is conferred upon the Zoning Officer, the Planning Commission, the Borough Council and the Zoning Hearing Board.
A. 
Powers and duties. The Zoning Officer shall:
(1) 
Administer and enforce this chapter.
(2) 
Issue or authorize the issuance of all building permits, certificates of occupancy (use, occupancy and compliance), and zoning permits, and make and maintain records thereof.
(3) 
Conduct or authorize inspections of buildings, structures and uses of land to determine compliance with the provisions of this chapter, and make and maintain records thereof.
(4) 
Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments, special exceptions, variances, nonconforming uses, conditional uses, appeals and applications for and records of hearings thereon.
(5) 
Provide and maintain public information relative to all matters arising out of this chapter.
(6) 
Receive, file and forward all applications or appeals requiring action by the Zoning Hearing Board.
(7) 
Prepare and maintain a list and description of all legally nonconforming lots, uses, signs and structures.
(8) 
Provide written notifications of violations of this chapter, as prescribed in this article.
(9) 
Receive complaints from residents regarding alleged violations of this chapter. The Zoning Officer shall, whenever practical, act on a complaint within three business days and shall keep records of complaints as well as action taken on them.
(10) 
Be responsible for the day-to-day administration of matters relating to this chapter.
B. 
Appeals (of an administrative decision or interpretation). Any appeal of an administrative action of the Zoning Officer shall be made to the Zoning Hearing Board within 30 days of such action. The Zoning Officer shall immediately transmit to the Zoning Hearing Board all of the papers constituting the record upon which the appeal is based.
The Planning Commission is hereby vested with the following jurisdiction and authority:
A. 
To receive copies of all applications for amendments and conditional uses, to make findings and recommendations thereon, and to forward such findings and recommendations to the Council.
B. 
To initiate, direct and review, from time to time, a study of the provisions of this chapter, and to make reports of its findings and recommendations to the Council no less frequently than annually.
C. 
To supply information to the Zoning Officer as required in this chapter.
D. 
To study, after examination and with the aid of expert assistance where required, determine and define all arterial highways within the Borough, and to make a report of its findings to the Zoning Hearing Board and to the Council.
E. 
To receive applications for the review and approval of additional uses and rezoning request submissions under the applicable provisions of this chapter and the MPC.
[Amended 12-18-2002 by Ord. No. 1480]
A. 
Requirements.
(1) 
It shall be unlawful to use, occupy or permit the use or occupancy of any building, land or premises, or part thereof, thereafter created, erected, altered in its structure, enlarged in its use or changed in its use, tenants, ownership or occupants until a certificate of occupancy (use occupancy and compliance) has been issued therefor, stating that the proposed use of land, building or premises conforms to the requirements of the grading and zoning ordinances and the building and fire codes and is, therefore, suitable and eligible for legal occupancy.
(2) 
It shall be unlawful to change the use, tenants, ownership or occupants of any building, land or premises unless a certificate of occupancy has first been issued by the Zoning Officer stating that the building, land or premises conforms to the requirements or the grading and zoning ordinances and the building and fire codes and is, therefore, suitable and eligible for legal occupancy.
B. 
Application.
(1) 
Any application for a building permit shall also constitute (serve as) an application for the issuance of a certificate of occupancy upon completion of the work, excluding building permit applications for swimming pools, window replacement, residential storage sheds, gutters and downspouts, siding and/or other minor repairs to existing structures.
(2) 
The applicant, in all cases, shall be the owner or a duly authorized representative of the owner. In the case of a change in ownership of the property, the applicant may be the current owner or the proposed new owner.
(3) 
A separate application for the issuance of a certificate of occupancy shall be required anytime that a use is enlarged or changed or anytime that there is a change in ownership of the land, business or use.
C. 
Inspections.
(1) 
The applicant for a separately issued certificate shall notify the Zoning Officer of the proposed date of expansion (enlargement) of the use, change in use, or transfer of ownership.
(2) 
The Zoning Officer shall then inspect or authorize the inspection of the use or structure within 10 days of the receipt of said notice.
(3) 
An inspection for the purpose of determining whether a certificate should be issued shall only extend to the area upon which or within which the use is to be conducted and to such appurtenant areas as it may be necessary to inspect in determining compliance with grading, zoning, building and fire codes and/or ordinances.
D. 
Issuance of a certificate.
(1) 
A temporary certificate of occupancy may be issued by the Zoning Officer while alterations are being made or for the partial occupancy of a building pending its completion and may require such conditions and safeguards as will protect the safety of the occupants and the public.
(2) 
Upon inspection of land, building or premises to determine whether or not a certificate of occupancy shall be issued, if the Zoning Officer finds that such construction, alteration or erection is in accordance with this chapter, a certificate of occupancy shall be issued. Written notice shall be given to the applicant stating why a certificate cannot be issued when the Zoning Officer finds that such construction, alteration or erection is not in accordance with this chapter.
(3) 
Upon inspection of land, building or premises to determine whether or not a certificate of occupancy shall be issued, if the Zoning Officer finds that this chapter has been complied with, a certificate of occupancy shall be issued. Written notice shall be given to the applicant stating why a certificate cannot be issued when the Zoning Officer finds that the land, building or premises is not in compliance with this chapter.
E. 
Revocation or suspension of a certificate. A certificate of occupancy may be revoked or suspended by the Zoning Officer if the holder of the certificate has failed to comply with conditions attached to the issuance of the certificate or if the Zoning Officer finds that the land, building or premises is not in compliance with the requirements of this chapter.
F. 
Fee. The Borough may establish a fee for the issuance of a certificate of occupancy.
A. 
General. Council may, on its own initiative or upon receipt of a recommendation initiated by the Planning Commission, amend, supplement, change, modify or repeal this chapter, provided that Council considers said amendment, supplement, change, modification or repeal to be necessary in serving the best interests, convenience, or general welfare of the public, and provided that the procedures followed shall be consistent with those established by the MPC.
B. 
Landowner curative amendments.
(1) 
Any landowner who desires to challenge on substantive grounds this chapter or the 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 Council with a written request that his challenge and proposed amendment be heard and decided.
(2) 
The procedures for processing landowner curative amendments which is outlined in the MPC shall be followed.
C. 
Municipal curative amendments. If Council should determine that this chapter or any portion thereof is substantially invalid, it shall follow the procedures outlined in the MPC for municipal curative amendments.
[Added 9-17-1997 by Ord. No. 1414]
A. 
Any person who has violated the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment penalty of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed 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 Borough may enforce the judgment pursuant to the applicable rules of civil procedure.
B. 
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 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.
C. 
All judgments, costs and reasonable attorneys' fees collected as a penalty(ies) for the violation of this chapter shall be payable to the Borough of Munhall.