A.
It shall be unlawful to use or occupy any structure or lot or part
thereof until zoning approval has been issued by the Borough. Further,
no structure shall be erected, added to or otherwise have any structural
alterations made to it until zoning approval has been issued by the
Borough. No zoning approval shall be issued until prior approvals
and requirements of this chapter and the Subdivision and Land Development
Ordinance have been complied with, including but not limited to conditional
use, use by special exception and recording of the final plat of a
subdivision or land development. Any zoning approval issued in conflict
with the provisions of this chapter shall be null and void.
Ordinary repairs and maintenance to existing structures that
do not involve an expansion or change of a use or structure shall
not by themselves be regulated by this chapter.
A.
Permitted-by-right uses. The Zoning Officer shall issue a permit
under this chapter in response to an application for a use that is
permitted by right if it meets all of the requirements of this chapter.
B.
Special exception use or application requiring a variance. A permit
under this chapter for a use requiring a special exception or variance
shall be issued by the Zoning Officer only in response to a written
approval by the Zoning Hearing Board following a hearing.
C.
Conditional use. A permit under this chapter for a use requiring
conditional use approval shall be issued by the Zoning Officer only
after the Borough Council grants conditional use approval.
A zoning permit for use and occupancy shall be required prior
to use or occupancy of any structure or lot or part thereof throughout
the Borough. A permit shall be applied for on forms supplied by the
Borough and submitted to the Zoning Officer.
If it appears to Wilkinsburg Borough that a violation of this
chapter has occurred, the Borough shall initiate enforcement proceedings
by sending an enforcement notice as provided in this section.
A.
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.
B.
The enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against
whom the Borough of Wilkinsburg intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to
the Wilkinsburg Borough Zoning Hearing Board within 30 days of the
mailing date of the notice in accordance with procedures set forth
in this chapter.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, and upon being found liable therefor in a civil enforcement
proceeding, shall pay a judgment of not more than $500, plus all court
costs, including reasonable attorney fees incurred by the Borough.
A.
In case any building, structure, landscaping, sign or land is or
is proposed to be erected, constructed, reconstructed, altered, repaired,
converted, maintained or used in violation of this chapter, the Borough
Council or, with the approval of the Borough Council, an officer of
Wilkinsburg 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, sign 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
Wilkinsburg Borough, by certified mail, at least 30 days prior to
the time the action is to begin by serving a copy of the complaint
on the Borough Council of Wilkinsburg Borough. No such action may
be maintained unless such notice has been given.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by Wilkinsburg Borough, pay a judgment of not more than
$500, plus all court costs, including reasonable attorney fees incurred
by Wilkinsburg 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 District Justice. If the defendant neither pays
nor timely appeals the judgment, Wilkinsburg 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 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 this chapter to have believed
that there was no 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
fees collected for the violation of this chapter shall be paid to
Wilkinsburg Borough.
B.
The Court of Common Pleas of Allegheny County, upon petition, may
grant an order or stay, upon cause shown, tolling the per diem fine
pending a final adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than Wilkinsburg Borough the
right to commence any action for enforcement pursuant to this section.
The Borough Council shall establish and revise, from time to
time, a schedule of fees by resolution, as well as a collection procedure,
for all applications submitted under the provisions of this chapter.
The schedule of fees shall be available to the public from the Zoning
Officer or the Borough Manager.
The regulations and provisions of this chapter may be amended
from time to time, upon recommendation of the Planning Commission
or the Borough Council or by application of an effected party.
A.
Enactment of amendments. Zoning amendment procedures shall adhere
to the requirements of Section 609 of the MPC, 53 P.S. § 10609.
B.
Public hearing. The Borough Council shall hold a public hearing on
a proposed amendment pursuant to public notice before voting on enactment
of an amendment. The Borough Council shall, by motion adopted at a
public meeting, fix the time and place of a public hearing on the
proposed amendment and cause public notice to be given. In addition,
if the proposed amendment involves a Zoning Map change, notice of
said public hearing shall be conspicuously posted by the Borough at
points deemed sufficient by the Borough along the tract to notify
potentially interested citizens. The affected tract or area shall
be posted at least one week prior to the date of the hearing.
C.
Planning Commission review. In the case of an amendment other than
that prepared by the Planning Commission, the Borough Council shall
submit the amendment to the Planning Commission at least 30 days prior
to the hearing on the proposed amendment for recommendations.
A.
Appointment. The Zoning Officer(s) shall be appointed by the Borough
Council pursuant to qualifications that may be established by such
board. The Zoning Officer shall not hold any elective office within
the Borough.
B.
Duties and powers. The Zoning Officer's duties and powers shall
include the following:
(1)
Administer this chapter in accordance with its literal terms,
including to receive and examine all applications required under the
terms of this chapter, and issue or refuse permits within the provisions
of this chapter;
(2)
Conduct inspections to determine compliance, and receive complaints
of violation of this chapter;
(3)
Keep records of applications, permits, certificates, written
decisions, and variances granted by the Zoning Hearing Board and of
enforcement orders, with all such records being the property of the
Borough and being available for public inspection;
(4)
Review proposed subdivisions and land developments for compliance
with this chapter;
(5)
Take enforcement actions as provided by the Pennsylvania Municipalities
Planning Code;
(6)
Maintain available records concerning nonconformities, provided
that the Borough is not required to document every nonconformity;
and
(7)
Serve such other functions as are provided in this chapter.
