[Amended 3-12-2007 by Ord. No. 2007-2]
A. Appointment and powers. For the administration of this chapter, a
Zoning Officer, who may not hold any elective office in the Borough,
shall be appointed by the Borough Council. The Zoning Officer shall
meet qualifications established by the Borough and shall be able to
demonstrate to the satisfaction of the Borough a working knowledge
of municipal zoning. 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 and other applicable Borough codes and
ordinances. The Zoning Officer is the enforcement officer for this
chapter. The Zoning Officer shall be authorized to institute civil
enforcement proceedings as a means of enforcement when acting within
the scope of the Zoning Officer's employment by the Borough.
B. Application requirements.
(1)
The Zoning Officer shall receive applications for a zoning permit
if any of the following are proposed:
(a)
Construct an accessory building of less than 240 square feet;
(b)
Construct an agricultural building (must be dedicated to agricultural
use);
(d)
Construct a sidewalk, patio or deck with a height above the
ground of less than 30 inches;
(e)
Make minor, nonstructural, alterations to an existing residential
or accessory structure, change of use;
(f)
Make modifications to an existing residential structure such
as enclosing a porch, roofing a deck, reroofing the main structure,
etc.; and
(g)
Any change to lot or building coverage.
(2)
An application for a zoning permit shall be filed prior to the
start of construction or implementation of a modification or change
in use in the lot or other proposed action. The application shall
be in such form as the Borough determines from time to time and shall
contain, at a minimum, sufficient detail to enable the Zoning Officer
to determine whether the proposed use, activity or modification meets
the requirements of the Borough's Zoning Ordinance and any other applicable
Borough ordinance.
(3)
The Zoning Officer shall issue or deny such zoning permit within
30 days after receipt of a complete application and payment of the
zoning permit fee, which fee shall be set by resolution of Borough
Council from time to time. In the event of denial of a permit, the
Zoning Officer shall provide written notification of such denial and
the specific reasons for such denial, as provided herein.
(4)
The Zoning Officer or other duly appointed agent of the Borough
shall be authorized to examine or inspect any structures and/or land
for which an application for a zoning permit has been submitted. Such
inspections may occur prior to, during or after the construction or
implementation of the proposed use or modification. In the event an
inspection reveals noncompliance with the zoning or any other applicable
ordinance, the Zoning Officer may revoke the zoning permit until such
time as compliance is restored.
(5)
Any action of the Zoning Officer hereunder shall be subject
to appeals to the Zoning Hearing Board in compliance with the Pennsylvania
Municipalities Planning Code and as provided herein.
C. Certificate of use and occupancy.
(1)
A certificate of use and occupancy, certifying compliance with
this chapter, must be obtained from the Zoning Officer for any new
structure or for any changes of use of a structure or land as set
forth below before such new structure or use or change of use is occupied
or established.
(a)
Use of a structure which is erected, structurally altered or
extended, or moved after the effective date of this chapter.
(b)
Use of vacant land except for agricultural purposes.
(c)
Any change in a conforming use of a structure or land.
(d)
Any change in a nonconforming use of a structure or land to
a conforming use.
(e)
Any change in the use of a structure or land from that permitted
by any variance of the Zoning Hearing Board.
(2)
The application for use certificate must include a statement
of the intended use and any existing use of the structure or land.
The certificate continues in effect as long as the use of the structure
or land for which it was granted conforms with this chapter.
D. Action on certificate of use and occupancy. Within 30 days, except
for holidays, after receipt of an application for a certificate of
use and occupancy, the Zoning Officer must grant or refuse the certificate.
If the specifications and intended use conform in all respects with
the provisions of this chapter, the Zoning Officer must issue a certificate
to that effect. Otherwise, the Zoning Officer must state, in writing,
the grounds for refusal.
E. Enforcement. Upon determining that a violation of any of the provisions
of this chapter exists, the Zoning Officer must send an enforcement
notice 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. An enforcement notice
shall state at least the following:
(1)
The name of the owner of record and any other person against
whom the Borough 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
(within 15 days of issuance of notice) and the date before which the
steps must be completed (within 45 days of issuance of notice).
(5)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 15 days of issuance of said notice in accordance with procedures set forth in Article
X.
(6)
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation in accordance with §
225-1107 of this chapter.
The Borough Council shall, by resolution, establish fees for
all applications, permits, or appeals provided for by this chapter
to defray the costs of advertising, mailing notices, processing, inspecting,
and copying applications, permits, and use certificates. The fee schedule
shall be available at the Borough Office for inspection.
Any person aggrieved or affected by provision of this chapter or decision of the Zoning Officer, Borough Engineer, Zoning Hearing Board, or Borough Council may appeal in the manner set forth in either Article
IX or Article X-A of the Pennsylvania Municipalities Planning Code, as amended, which ever is applicable.
The provisions of this chapter shall be held to be minimum requirements
to meet the purposes of this chapter. When provisions of this chapter
impose greater restrictions than those of any statute, other ordinance,
or regulations, the provisions of this chapter shall prevail. When
provisions of any statute, other ordinance, or regulation impose greater
restrictions than those of this chapter, the provisions of such statute,
ordinance, or regulations shall prevail.
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 Borough Council
or, with approval of the Borough Council, an officer of the Borough,
or any aggrieved owner or tenant of real property who shows that his
property or person will be substantially affected by the alleged violation,
may institute any appropriate action or proceeding to prevent, restrain,
correct, or abate any such building, structure, 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 Borough Council
at least 30 days prior to the time the action is begun by serving
a copy of the complaint on the Borough. No such action may be maintained
until such notice has been given.
If any section, clause, provision or portion of this chapter
shall be held invalid or unconstitutional by a recognized court of
the commonwealth, such decisions shall not affect the legality of
the remaining sections, clauses, provisions, or portions of this chapter.
All Borough ordinances or parts thereof in conflict with this
Zoning Ordinance or inconsistent with the provisions of this chapter
are hereby repealed to the extent necessary to give this chapter full
force and effect.
This chapter shall take effect immediately upon adoption and
publication according to law. This chapter shall revoke and repeal
the prior Zoning Ordinance of New Freedom Borough adopted January
13, 1992, and all amendments thereto, effective upon enactment of
this chapter.