[Amended 9-12-1989 by Ord. No. 401; 5-30-1990 by Ord. No.
446]
A.
For the administration of a zoning ordinance, a Zoning Officer, who
shall not hold any elective office in the Borough, shall be appointed.
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 the Zoning Ordinance 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 the Zoning Ordinance. Zoning
Officers may be authorized to institute civil enforcement proceedings
as a means of enforcement when acting within the scope of their employment.
B.
All appeals from decisions of the Zoning Officer shall be taken in
the manner set forth in this chapter.
[Added 6-1-2010 by Ord. No. 565]
A.
Zoning certificates will be required for any property that is within
the Borough of Port Vue's Residential and Commercial District, as
defined by the Borough of Port Vue Zoning Ordinance.
(1)
The information required
on the application for a zoning certificate shall include:
(a)
Name and address of the resident or business occupying the property;
(b)
Owner name;
(c)
Owner address;
(d)
Emergency contact information for the owner;
(e)
The intended use of the property;
(f)
Number of employees, if applicable;
(g)
For properties that have tenants occupying the space, the owner
also shall provide the tenant name(s) and contact information.
B.
Zoning certificates shall be issued by the Borough Manager.
C.
The fee for said zoning certificate shall be $25, that must be paid
at the time of application.
D.
Issuance restricted.
(1)
No zoning certificate shall be issued to any person, for any property,
structure or use, if the owner, tenant, lessee or other responsible
person for whom the permit is sought is:
(2)
For purposes of this section, a legal, nonconforming use shall be
deemed to be in compliance with the Borough of Port Vue Zoning Ordinance.
[Amended 9-12-1989 by Ord. No. 401]
A.
Required for new use, or for change in use of land or structure,
or for a nonconforming sign, use, or structure.
(1)
Application shall be made for an occupancy permit prior to the issuance
of any permit for major excavation or for excavation for, or erection
of, a structure or part thereof.
(2)
Occupancy permit shall be required for a new or changed use of land
and/or structure hereafter erected, structurally altered, or enlarged,
or changed in use, or to a greater intensity of use, except for a
sign meeting the requirements of this chapter which does not exceed
three square feet in area.
(3)
Pursuant to the provisions hereof, an occupancy permit shall be required
for the privilege of maintaining, renewing, changing, or extending,
a nonconforming sign, use, or structure.
B.
Application. An occupancy permit shall be applied for:
(1)
Simultaneously with the application for a building permit. No permits
for excavation for, or the erection of, any building or structure,
a part of a building or structure, or for any alteration of, or repairs
to, a building or structure that changes the type, character, or use
of the building or structure to be altered or repaired, shall be issued
before application has been made for certificate of occupancy.
(2)
At the time of a change in use of land or structure.
(3)
In the case of a nonconforming sign, use, or structure, immediately
after the effective date of this chapter or any subsequent amendment
thereto which creates such nonconformity.
C.
Plats required. All applications for occupancy permits shall be accompanied
by a site plan, or plat, in triplicate.
(1)
Each site plan, or plat, shall be drawn to scale and have a North
point; the size shall be determined by the Zoning Officer.
(2)
Each site plan, or plat, shall show:
(a)
The street providing access to the lot and the exact location
of the lot in relation to the nearest cross street.
(b)
The name of the concerned lot plan, if any, and the lot numbers
of the concerned and abutting properties.
(c)
The actual dimensions of the lot, the yard, and other open space
dimensions thereof, and the location and size of any existing structure
thereon.
(d)
The location and size of the proposed structure and/or the proposed
enlargement or alteration of the existing structure; and
(e)
Any such other information which, in the judgment of the Zoning
Officer, may be necessary to provide for the enforcement of these
regulations.
(3)
Each site plan, or plat, shall bear statements declaring:
(a)
That no part of the land involved in the application has been
previously used to provide required yard space or lot area for another
structure; and
(b)
Which, if any, abutting land was formerly that of the owner
of the land involved in the application and, if any, the approximate
date of title transfer.
(4)
Where complete and accurate information is not readily available
from existing records, the Zoning Officer may require the applicant
to furnish a survey of the lot by a registered engineer or surveyor.
(5)
Each property owner or authorized agent shall be required to attest
to the correctness of the statements and data furnished with the application.
(6)
A file of such applications and plats shall be kept in the office
of the Zoning Officer.
D.
Issuance; temporary certificate of occupancy; fees.
(1)
An occupancy permit shall issue upon examination of the complete
structure and certification by the Zoning Officer within 10 days after
the erection or structural alterations of such structure shall have
been completed in conformity with the provisions of this chapter;
however, such occupancy permit shall be void if not exercised or renewed
within six months of the date of issue. Pending the issuance of a
regular occupancy permit, a temporary certificate of occupancy may
be issued by the Zoning Officer for a period not exceeding six months
during the completion of alterations or during partial occupancy of
a structure, pending its completion. Such temporary certificate shall
not be construed as altering the rights, duties, or obligations of
either the owners or the Borough in respect to the use or occupancy
of the premises in question or in any matter within the purview of
this chapter. Such temporary certificate shall not be issued except
under such restrictions and provisions as will adequately insure safety
of the occupants.
(2)
If only a change in use of land or structure or a nonconforming sign,
use, or structure, is involved, an occupancy permit shall issue immediately
upon certification of the use by the Zoning Officer.
(3)
A fee may be charged for each occupancy permit and for each temporary
certificate of occupancy issued hereunder. Such fee may be set from
time to time by Council.
E.
Copies furnished. A file of occupancy permits shall be kept in the
office of the Zoning Officer, a copy of the permit and accompanying
plat shall be sent to the department when the permit is issued, and
a copy shall be furnished, on request, to any person evidenced as
having a proprietary or tenancy interest in the structure or land
affected thereby. A nominal fee shall be charged for each such copy
furnished.
[Amended 9-12-1989 by Ord. No. 401]
A.
Previously authorized construction and use. At the effective date of this Article XI:
(1)
Any permit for construction or use that was issued within 60 days
prior to the effective date of this article, or for a structure or
use not in conformity with the provisions of this chapter, is hereby
declared void if no substantial construction or substantial establishment
under such permit has been effected, and if no contract or contracts
for construction have been let.
(2)
Any structure for which a permit was obtained prior to the effective date of this Article XI and substantial construction of all or a portion of which was begun, or for which contract or contracts for construction have been let, may be completed and used in accordance with the plans on which such permit was granted.
B.
Applications for occupancy permits not accepted during consideration
of zoning reclassification. During a period of two months from the
date of introduction of any ordinance which proposes a zoning reclassification,
unless Council shall have acted upon the ordinance within said two-month
period, the Zoning Officer shall accept no applications for occupancy
permits within the area involved in the proposed reclassification
for any use which would be forbidden under the proposed ordinance.
C.
Approval or authorization invalidated.
(1)
After the Zoning Officer has approved the issuance of an occupancy
permit for a use pursuant to the provisions hereof, or when the Board
has authorized the issuance of an occupancy permit:
(a)
And said permit has not been lifted from the office of the Zoning
Officer within 60 days after the date of said approval or authorization;
(b)
If the approved use involves physical improvement and such physical
improvement has not been substantially started within six months after
the date of said approval or authorization; or
(c)
If the approved use does not involve physical improvement and
no utilization of said use has been made within six months after the
date of said approval or authorization;
(2)
Then, said approval or authorization shall be null and void, unless
extension is approved by the agency giving the original approval or
authorization.
[Amended 9-12-1989 by Ord. No. 401]
A.
It shall be the duty of the Zoning Officer to enforce this chapter.
He shall, on his own initiative or upon receipt of pertinent information,
proceed to the remedy of violations. The provisions of this chapter
shall supersede any permit or business license in conflict herewith
and, in issuing permits, all departments, officials, and public employees
of the Borough of Port Vue vested with the duty or authority to so
issue, shall take cognizance of the provisions of this chapter.
B.
In the event of the failure to comply with an order issued pursuant
to any section of this chapter, the Zoning Officer, with approval
of Council, may institute appropriate actions or proceedings at law
or in equity to restrain, correct, or abate the violation of the order.
The Borough may recover the amount of the expense by action of assumpsit
or, where appropriate, in the manner provided by law for the collection
of municipal claims.
[Amended 9-12-1989 by Ord. No. 401; 5-30-1990 by Ord. No. 412; 11-9-1993 by Ord. No. 446]
It shall be unlawful to erect, construct, alter and maintain
or use any building or structure or to use any land in violation of
any provision of this chapter or amendment thereto.
A.
Causes of action. 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 any ordinance
enacted under this chapter or prior enabling laws, the Council or,
with the approval of the 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,
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 Borough at least 30 days prior to
the time the action is begun by serving a copy of the complaint on
the Council of the Borough. No such action may be maintained until
such notice has been given.
B.
Jurisdiction. Magisterial District Judges shall have initial jurisdiction
over proceedings brought under Subsection A(1).
C.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of any zoning ordinance
enacted under this chapter or prior enabling laws shall, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Borough, pay a judgment of not more than $500 plus all court
costs, including reasonable attorney fees incurred by the Borough
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 Borough 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 the ordinance to have believed that there
was so 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. All judgments, costs and reasonable attorney fees
collected for the violation of zoning ordinances shall be paid over
to the Borough whose ordinance has been violated.
(2)
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.
(3)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
D.
Finances and expenditures.
(1)
The Council may appropriate funds to finance the preparation of zoning
ordinances and shall appropriate funds for administration, for enforcement
and for actions to support or oppose, upon appeal to the courts, decisions
of the Zoning Hearing Board.
(2)
The Council shall make provisions in its budget and appropriate funds
for the operation of the Zoning Hearing Board.
(3)
The Zoning Hearing Board may employ or contract for and fix the compensation
of legal counsel, as the need arises. The legal counsel shall be an
attorney other than the Borough Solicitor. The Board may also employ
or contract for and fix the compensation of experts and other staff
and may contract for services as it shall deem necessary. The compensation
of legal counsel, experts and staff and the sums expended for services
shall not exceed the amount appropriated by the Council for this use.
(4)
For the same purposes, the Council may accept gifts and grants of
money and services from private sources and from the county, state
and federal governments.
(5)
The Council may prescribe reasonable fees with respect to the administration
of a zoning ordinance and with respect to hearings before the Zoning
Hearing Board. Fees for these hearings may include compensation for
the Secretary and members of the Zoning Hearing Board, notice and
advertising costs and necessary administrative overhead connected
with the hearing. The costs, however, shall not include legal expenses
of the Zoning Hearing Board, expenses for engineering, architectural
or other technical consultants or expert witness costs.
(6)
The minimum fee for any zoning hearing shall be $150.
