Article XI Building Codes, Property Codes and Zoning Code Department and Zoning Hearing Board

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New Laws

Title	Adopted	Subject	Affects
Ord. No. 2025-6 pdf	2025-06-16	Codes: Fire Prevention Code Amendment; Curfew Amendment; Insurance: Fire Insurance Claims Amendment; Loitering Amendment; Mobile Home Parks Amendment; Motor Vehicle Service Stations Amendment; Noise: Sound-Amplification Devices Amendment; Disorderly Conduct Amendment; Parks and Recreation Areas: Closing Hours Amendment; Smoking Prohibited Amendment; Peace and Good Order: Prohibited Activities Amendment; Peddling and Soliciting: Licensing of Transient Retail Business Amendment; Property, Public: Tampering With, Damaging or Destroying Amendment; Use of Malls, Benches and Monument Square Improvements Amendment; Sewers and Sewage Disposal: Sanitary Sewer Connections and Uses Amendment; Streets and Sidewalks: Sidewalk, Curb, Curb Cut, Gutter or Surface Water Drain Construction, Excavation or Repair Amendment; Street and Sidewalk Encroachments and Obstructions; Restrictions on Display of Goods Amendment; Taxation: Per Capita Tax Amendment; Local Services Tax Amendment; Water: Mandatory Connection Amendment; Zoning Amendment	Ch 110 Art II, Ch 115, Ch 137 Art I, Ch 142, Ch 148, Ch 152, Ch 160 Art I, Ch 160 Art III, Ch 166 Art I, Ch 166 Art II, Ch 170 Art I, Ch 175 Art I, Ch 180 Art I, Ch 180 Art II, Ch 192 Art I, Ch 212 Art II, Ch 212 Art III, Ch 225 Art I, Ch 225 Art IV, Ch 236 Art I, Ch 240

§ 240-64 Department to administer and enforce zoning ordinance.

[Amended 3-24-1986 by Ord. No. 86-2]

The Building Codes, Property Codes and Zoning Code Department and its Department officers are hereby appointed, and it shall be the duty of the Building Codes, Property Codes and Zoning Code Department and its Department officers to carry out the functions and purposes of this chapter, to perform the duties assigned by this chapter and to administer and enforce this chapter by making such inspections, tests, requirements, notices, orders and decisions as are necessary or appropriate to ensure that the provisions of this chapter are met and compliance is achieved. However, except where certain matters under this chapter have been expressly left to the discretion or judgment of the Department or a Department officer, the Department and its Department officers shall administer this chapter in accordance with its literal terms and shall have no power to permit any act, conduct, use, occupancy, change, condition or work which would not conform to the provisions of this chapter.

In the administration and enforcement of this chapter, the Department and its Department officers shall have the powers and follow the procedures in §§ 110-5, 110-7, 110-8A, 110-9 and 110-13 of Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenance Codes. In construing those sections so as to implement and give effect to this subsection, the term "Borough Zoning Ordinance" is substituted in §§ 110-5A(1) and 110-7C(1)c) for the term "this article"; the term "Borough Zoning Ordinance" is substituted in § 110-8A for the words "Building Code, Plumbing Code and Electrical Code or Uniform Construction Code regulations"; the words "use, occupancy, change, condition or work" are substituted in § 110-8A for the word "work"; and the phrase "or an order to cease and desist from continuing the use, occupancy, change, condition or work" is added to § 110-8A(3).

[Amended 7-10-2006 by Ord. No. 2006-5]

The appointment of the Building Codes, Property Codes and Zoning Code Department and its Department officers under Subsection A of this section shall be deemed to be the same as, and shall have the same force and effect as, the appointment of a Zoning Officer under Section 614 of the Pennsylvania Municipalities Planning Code[1](Act 247 of 1968, as amended).

[1]

Editor's Note: See 53 P.S. § 10614.

§ 240-65 Jurisdiction of Zoning Hearing Board.

[Amended 11-15-1983 by Ord. No. 83-5; 3-24-1986 by Ord. No. 86-2]

Any person who believes that the Building Codes, Property Codes and Zoning Code Department or a Department officer has made a requirement, notice, order or decision which incorrectly interprets, administers, applies or enforces a provision of this chapter may appeal that requirement, notice, order or decision to the Zoning Hearing Board within the time set forth in Subsection B of this section. The procedures for filing an appeal, the amount of the filing fee, and the functions, duties and powers of the Zoning Hearing Board are set forth in Chapter 70, Zoning Hearing Board, of the Code of the Borough.

All forms, statements, documents, sketches, plans and other materials comprising the case papers of a petitioner who is appealing a requirement, notice, order or decision to the Zoning Hearing Board under Subsection A shall be submitted to the Administrative Secretary to the Zoning Hearing Board by not later than the 30th day after the date on which the requirement, notice, order or decision which is the subject of the appeal was issued by the Department or a Department officer.

A request for a variance or a special exception may be filed with the Zoning Hearing Board at any time but shall be filed in such form as may be prescribed by the Zoning Hearing Board. The procedures for filing a special exception case or a variance case, the amount of the filing fee, and the functions, duties and powers of the Zoning Hearing Board are set forth in Chapter 70, Zoning Hearing Board, of the Code of the Borough.

Challenges to the validity of the Zoning Ordinance or the Zoning Map, or unified appeals, shall be filed with the Zoning Hearing Board within the times and with the statements and materials required by the Pennsylvania Municipalities Planning Code and shall be accompanied by the fee prescribed by the Borough Costs and Fees Schedule adopted by the Borough Council.[1]

[1]

Editor's Note: The current Borough Costs and Fees Schedule is on file in the Borough's offices.

§ 240-66 Expiration of grant of variance or special exception.

[Added 3-24-1986 by Ord. No. 86-2]

Unless otherwise specified by the Zoning Hearing Board, a variance or a special exception which has been granted by the Zoning Hearing Board shall expire six months after the date of the decision issued by the Zoning Hearing Board (granting the variance or the special exception) if, within that time, the person to whom the variance or special exception was granted failed to obtain a building permit or the like, failed to comply with the conditions of the variance or the special exception, or failed to proceed to use the land, property or premises for the reason for which the variance or the special exception was granted.