A zoning permit indicates that a zoning application complies
with this chapter to the best knowledge of the Zoning Officer or his/her
designee. No zoning permit or certificate of use and occupancy shall
be granted by him/her for any purpose except in compliance with the
literal provisions of this chapter. The Zoning Officer may be authorized
to institute civil enforcement proceedings as a means of enforcement
when acting within his/her scope of employment.
A. A zoning permit is required to be issued prior to the start of any
of the following activities:
(1)
Erection, construction, movement, placement, razing, demolition,
removal, alteration or expansion (vertical or horizontal) of a structure,
building or sign;
(2)
Change of the type of use or expansion of the use of a structure
or area of land;
(4)
Demolition of a building;
(5)
Other activities required to have a permit by this chapter;
(6)
The alteration or development of any improvement or unimproved
real estate, including, but not limited to, mining, dredging, filling,
grading, paving, excavation or drilling operations for underground
utilities, provided the final grade is not altered.
(7)
The erection or alteration of any signs specified in Article
XVII of this chapter;
(8)
No zoning permit shall be required for repairs or maintenance
of any structure or land, provided such repairs do not change the
use or the exterior dimensions of the structure, or otherwise violate
the provisions of this chapter.
B. The City of Lock Haven may, at its option, issue combined or separate
building permits and zoning permits and/or may utilize a single or
separate application for the permits.
C. The only determination by the Zoning Officer that shall be official
shall be a written determination after the Zoning Officer receives
a duly submitted written official application.
D. Such zoning permits shall be granted or refused within 90 days from
date of application.
E. No zoning permit shall be issued except in conformity with:
(1)
All applicable regulations of this chapter;
(2)
Any conditions imposed upon the site by the Zoning Hearing Board
or the City Council; and
(3)
Any recorded subdivision or land development plan.
F. In all instances in which the Zoning Officer expresses a reasonable
doubt as to the ability of a proposed use to meet all of the above-described
requirements, it will be incumbent upon the applicant to furnish adequate
evidence in support of his application. If such evidence is not presented,
the zoning permit will be denied.
G. Application for a zoning permit shall be made by the owner or lessee
of any building or structure, or the agent of either; provided, however,
that if the application is made by a person other than the owner or
lessee, it shall be accompanied by a written authorization of the
owner or the qualified person making the application, that the proposed
work is authorized by this owner. The full names and addresses of
the owner, lessee, applicant, and of the responsible officers, if
the owner or lessee is a corporate body, shall be stated in the application.
H. The Zoning Officer may call upon other City of Lock Haven staff and/or
municipal-appointed consultants in the review of submitted materials
for applications.
I. The Zoning Officer may revoke a permit or approval issued under the
provisions of this chapter in case of any false statement or misrepresentation
of fact in the application or on the plans which the permit or approval
was based or for any other cause set forth in this chapter.
J. Where a zoning permit is required by this chapter, but the work is
commenced or changed prior to obtaining such permit, and after notice
by the City of Lock Haven, the fees set by ordinance or resolution
of the City Council for such permit shall be doubled. The doubling
of the permit fee shall be required to reflect the additional expense
incurred by the City of Lock Haven resulting from the need to inspect
the property, respond to any complaints, issue any enforcement notices,
and/or process the application as soon as it is received. The payment
of such increased permit fee shall not relieve any person from complying
with all requirements of this chapter or any other applicable the
City of Lock Haven ordinances or from any penalties or enforcement
actions authorized by this chapter.
K. Issuance of permits. Upon receiving the application, the Zoning Officer
shall examine the same within a reasonable time after filing. If the
application or plans do not conform to the provisions of all pertinent
local laws, he shall reject such application in writing, stating the
reasons therefor. He shall inform the applicant of his right to appeal
to the Zoning Hearing Board in the event such application is rejected.
If satisfied that the proposed work and/or use conforms to the provisions
of this chapter and all laws and ordinances applicable thereto, and
that the certificate of use and occupancy as required herein has been
applied for, he shall issue a permit therefor as soon as practical
but not later than 90 days from receipt of the application.
L. Reconsideration of application. An applicant whose request for a
permit has been denied by the Zoning Officer may make a later application
for a permit, provided all deficiencies which were the basis for the
prior denial of the permit have been eliminated. Additional fees may
apply as set by the City Council.
M. Expiration of zoning permit. The permit shall expire after one year
from the date of issuance; provided, however, that the same may be
extended one time for one additional year, upon written request by
the applicant on a form provided by the City of Lock Haven.
N. Compliance with chapter. The permit shall be a license to proceed
with the work and should not be construed as authority to violate,
cancel, or set aside any of the provisions of this chapter, except
as stipulated by the Zoning Hearing Board.
O. Compliance with permit and plot plan. All work or uses shall conform
to the approved application and plans for which the permit has been
issued as well as the approved plot plan.
P. Display of zoning permit. All approved zoning permits shall be prominently
displayed on the subject property during construction, renovation,
reconstruction, repair, remodeling or the conduct of other site improvements.
Such permit displays shall occur within five days of permit issuance,
or prior to the commencement of actual work on the site, whichever
occurs first. Such permit display shall be continuous until the site
receives its certificate of occupancy.
Q. Inspections. Inspections of the property in question by the Zoning
Officer or other duly appointed official may be required at various
intervals during the construction process. By submitting an application
for a zoning permit, the landowner authorizes the City of Lock Haven
to perform such inspections as required.
If an application under this chapter would also be regulated by the City of Lock Haven Subdivision and Land Development Ordinance (SALDO), Chapter
352, then any permit or approval under this chapter shall automatically be conditioned upon compliance with the SALDO.
A. For example, if an applicant applies for a permit for a single-family
detached dwelling on a proposed new lot, the construction permit for
such dwelling shall not be valid until after the lot is granted final
subdivision and land development approval and the lot is officially
recorded by the Clinton County Recorder of Deeds.
All of the enforcement, violations and penalty provisions of
the Pennsylvania Municipalities Planning Code, are hereby incorporated into this chapter by reference.
A. Violations. Any person who shall commit or who shall permit any of
the following actions violates this chapter:
(1)
Failure to secure a zoning permit prior to a change in use of
land or structure, or the erection, construction or alteration of
any structure or portion thereof, or the excavation of land to prepare
for the erection, construction or alteration of any structure or portion
thereof.
(2)
Placement of false statements on or omitting relevant information
from an application for a zoning permit.
(3)
Undertaking any action in a manner which does not comply with
an approved zoning permit.
(4)
Violation of any conditions imposed by a decision of the Zoning
Hearing Board in granting a variance, special exception or other approval.
(5)
Violation of any condition imposed by a decision of the City
Council in granting a conditional use.
B. Causes of action; enforcement; remedies.
(1)
Enforcement. If it appears to the City of Lock Haven that a
violation of this chapter has occurred, the City of Lock Haven shall
initiate enforcement proceedings by sending an enforcement notice.
Prior to sending an official enforcement notice, the Zoning Officer
may, at his/her option, informally request compliance.
(2)
Enforcement notice. 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. An enforcement notice shall state
the following, at minimum:
(a)
The name of the owner of record and any other person against
whom the municipality intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(d)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within a prescribed period of time in accordance
with procedures set forth in this chapter.
(f)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
(3)
Evidence and fees. In any appeal of an enforcement notice to
the Zoning Hearing Board, the City of Lock Haven shall have the responsibility
of presenting its evidence first. Any filing fees paid by a party
to an appeal to an enforcement notice to the Zoning Hearing Board
shall be returned to the appealing party by the City of Lock Haven
if the Zoning Hearing Board, or any court in a subsequent appeal,
rules in the appealing party's favor.
(4)
Cause of action. If the enforcement notice is not complied with,
within the specified time period, the Zoning Officer, City Solicitor,
or other officer of the City of Lock Haven may notify the City Council.
With the consent of the City Council, the City of Lock Haven Solicitor
or other officer of the City of Lock Haven 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.
(5)
Violations and penalties. 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 the City of Lock Haven, pay a
judgment of not more than $500 plus all court costs, including the
reasonable attorney's fees incurred by the City of Lock Haven as a
result thereof. No judgment shall commence or be imposed, levied or
be 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 City of Lock Haven may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues shall constitute a separate violation, unless
a 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 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 by the Magisterial District Judge, and
thereafter each day that a violation continues shall constitute a
separate violation. All judgments, costs and reasonable attorney's
fees collected for the violation of this chapter shall be paid over
to the City of Lock Haven. Imprisonment shall not be authorized by
this chapter.
The City Council may, by resolution, establish fees for the
administration of this chapter. All fees shall be determined by a
schedule that is made available to the general public. The City Council
may reevaluate the fees schedule and make necessary alterations to
it. Such alterations shall not be considered an amendment to this
chapter and may be adopted at any public meeting of the City Council.
The City Council shall hear and decide requests for conditional
use upon application as provided for and following the procedures
set forth in this section of this chapter and subject to all applicable
requirements, including but not limited to:
A. General criteria. Each applicant must demonstrate compliance with
the following:
(1)
The proposed use shall be consistent with the purpose and intent
of this chapter.
(2)
The proposed use shall not detract from the use and enjoyment
of adjoining or nearby properties.
(3)
The proposed use will not effect a change in the character of
the subject property's neighborhood.
(4)
Adequate public facilities are available to serve the proposed
use (e.g., schools, fire, police and ambulance protection, sewer,
water, and other utilities, vehicular access, etc.).
(5)
The proposed use complies with Article
XV of this chapter regarding flood damage control standards.
(6)
The proposed use shall comply with those criteria specifically listed in Article
XX of this chapter. In addition, the proposed use must comply with all other applicable regulations of this chapter.
(7)
The proposed use will not substantially impair the integrity
of the City of Lock Haven Comprehensive Plan.
B. Filing of conditional use. In addition to the information required
on the zoning permit application, the conditional use application
must show:
(1)
Ground floor plans and elevations of proposed structures.
(2)
Names and addresses of adjoining property owners, including
properties directly across a public right-of-way.
(3)
A scaled drawing (site plan) of the site with sufficient detail
and accuracy to demonstrate compliance with all applicable provisions
of this chapter.
(4)
A written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions of this chapter.
C. Referral to City Planning Commission. All applications for a conditional
use shall be referred to the City of Lock Haven Planning Commission
at least 30 days prior to the hearing held upon an application to
provide the City Planning Commission an opportunity to submit recommendations.
However, the City Council shall meet the time limits for a decision
provided in this article, regardless of whether the City Planning
Commission has provided comments.
D. Conditions. The City Council, in approving conditional use applications,
may attach conditions considered necessary to protect the public welfare
and the purposes listed above, including conditions which are more
restrictive than those established for other uses in the same zone.
These conditions shall be enforceable by the Zoning Officer and failure
to comply with such conditions shall constitute a violation of this
chapter.
E. Site plan approval. Any site plan presented in support of the conditional
use shall become an official part of the record for said conditional
use. Approval of any conditional use will also bind the use in accordance
with the submitted site plan; therefore, should a change in the site
plan be required as part of the approval of the use, the applicant
shall revise the site plan prior to the issuance of a zoning permit.
Any subsequent change to the use on the subject property not reflected
on the originally approved site plan shall require the obtainment
of another conditional use approval.
F. Hearing procedures. The hearing shall be conducted by the City Council
or the City Council may appoint any member or an independent attorney
as a hearing officer. The decision, or, where there is no decision,
the findings shall be made by the City Council. However, the appellant
or the applicant, as the case may be, in addition to City, may, prior
to the decision of the hearing, waive decision or findings by the
City Council and accept the decision or findings of the hearing officer
as final.
G. Application.
(1)
All action before the City Council shall be initiated by a written
application for hearing, which shall be filed with the Zoning Officer
at least three weeks prior to the meeting at which time the matter
is to be heard along with all maps, plans and text which may be relevant
to the request. All applications shall be made on forms specified
by the City Council. No application shall be accepted unless the same
shall be fully and legibly completed and unless all exhibits and supplemental
material required by the application shall be attached and until all
fees required shall have been paid.
(2)
The Zoning Officer shall transmit the request and any information
received therewith, along with his file on said issue forthwith to
the City Council.
H. Fees. The City Council may prescribe reasonable fees with respect
to hearings before the City Council. Fees for said hearings may include
compensation for the secretary, notice and advertising costs and necessary
administrative overhead connected with the hearing. The costs, however,
shall not include legal expenses of the City Council, expenses for
engineering, architectural or other technical consultants or expert
witness costs.
I. Hearing schedule. The City Council may conduct hearings and make
decisions at any regular or special meeting. In no instance will a
hearing be scheduled later than 60 days from the date of the applicant's
request for a hearing, unless the applicant has agreed in writing
to an extension of time.
J. Notification of hearing.
(1)
Whenever a hearing has been scheduled, public notice shall be
given to the general public by means of publication once each week
for two successive weeks in a newspaper of general circulation within
the community. Such notice shall state the time and place of the hearing
and the particular nature of the matter to be considered. The first
publication shall not be more than 30 days and the second publication
shall not be less than seven days prior to the date of the hearing.
(2)
Written notice shall be given to the applicant, the City Planning
Commission, the Zoning Officer and to any person who has made timely
request for such notice.
(3)
In addition to the notice provided herein, the Zoning Officer
shall conspicuously post notice of said hearing on the affected tract
of land no less than seven days prior to the date of the hearing.
(4)
The applicant shall, at least five days prior to the time appointed
for said hearing, give personal notice to all owners of property within
200 lineal feet of the affected property by either handing a copy
thereof to the said property owner(s) or by leaving a copy at their
usual place of abode or by sending written notification by certified
mail/return receipt requested to the last known address of the property
owner(s).
(a)
Where the owner(s) are a partnership, service upon any partner
as above provided shall be sufficient, and where the owner(s) are
corporations, service upon any officer, as above set forth, shall
be sufficient.
K. Conduct of hearing. The hearing shall be conducted by the City Council.
The decision, or where no decision is called for, the findings, shall
be made by the City Council; however, the appellant or the applicant,
as the case may be, in addition to the City, may, prior to the decision
of the hearing, waive decision or findings by the City Council and
accept the decision or findings of the hearing as final.
(1)
Order of hearing.
(b)
Chairman's statement of reason for hearing.
(c)
Chairman's statement of parties to hearing.
(d)
Identification of other parties wishing to be heard.
(e)
Outline of procedures to be followed during hearing.
(f)
Applicant's presentation of their case.
[1]
Objectors cross-examine applicant's witnesses.
[2]
City Council cross-examines applicant's witnesses.
(g)
Statement of the Zoning Officer.
[1]
Applicant's cross-examination.
[2]
Objector's cross-examination.
[3]
City Council's cross-examination.
(h)
Objector's presentation of their case.
[1]
Applicant cross-examines objector's witnesses.
[2]
City Council cross-examines objector's witnesses.
(i)
Other testimony and evidence.
(l)
Concluding remarks and notice of when decision is expected to
be made.
(2)
Record. The City Council shall keep a stenographic record of
the proceedings. The appearance fee for a stenographer shall be shared
equally by the applicant and the City Council. A transcript of the
proceedings and copies of graphic or written material received in
evidence shall be made available to any party at cost. The cost of
the original transcript shall be paid by the City Council if the transcript
is ordered by the City Council or shall be paid by the person appealing
from the decision of the City Council if such appeal is made, and
in either event the cost of additional copies shall be paid by the
person requesting such copy or copies. In other cases, the party requesting
the original transcript shall bear the cost thereof.
(3)
Parties. The parties to the hearing shall be the City, any person
affected by the application who has made timely appearance of record
before the City Council and any other person, including civic or community
organizations permitted to appear by the City Council. All persons
who wish to be considered parties shall enter appearances, in writing,
on forms provided by the City Council for that purpose. Persons aggrieved
shall not be denied standing because they do not reside nor have a
property interest within the municipal boundaries.
(4)
Representation. All parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument, and to cross-examine adverse witnesses on all
relevant issues.
(5)
Witnesses. All witnesses shall testify under oath. The Chairman
or acting Chairman of the City Council presiding shall have power
to administer oaths and issue subpoenas to compel the attendance of
witnesses and the production of relevant documents and papers, including
witnesses and documents requested by the parties.
(6)
Evidence. The City Council shall not be bound by strict rules
of evidence, but it may exclude irrelevant, immaterial, incompetent
or unduly repetitious testimony or evidence. The Chairman shall rule
on all questions relating to the admissibility of evidence, which
may be overruled by a majority of the City Council.
(7)
Communication. The City Council shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved, except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda or other materials, except advice from the
City Solicitor, unless the parties are afforded an opportunity to
contest the material so noticed and shall not inspect the site or
its surroundings after the commencement of hearings with any party
or his representative unless all parties are given an opportunity
to be present.
(8)
Decisions.
(a)
The City Council shall render a written decision, or when no
decision is called for, make written findings within 45 days after
the last hearing before the City Council. Where the application is
contested or denied, each decision shall be accompanied by findings
of fact and conclusions based thereon together with reasons therefor.
Conclusions based on any provisions of this chapter or the MPC shall
contain a reference to the provision relied on and the reasons why
the conclusion is deemed appropriate in the light of the facts found.
(b)
The City Council shall conduct its deliberations and vote on
all matters in public session at the meeting in which evidence is
concluded. If additional time for deliberation is necessary, the City
Council shall reschedule the deliberations to a date within the allotted
forty-five-day time limit.
(c)
All matters shall be decided by a roll call vote. Decisions
on any matter before the City Council shall require the affirmative
vote of those present and voting unless otherwise specified herein.
(d)
No member of the City Council shall sit in hearing or vote on
any matter in which he is personally or financially interested. Said
member shall not be counted by the City Council in establishing the
quorum for such matters.
(e)
No member of the City Council shall vote on the adjudication
of any matter unless he has attended the public hearing thereon.
(f)
A tie vote shall be considered a rejection of the application
under consideration. However, if a person aggrieved has appealed the
grant of a permit or approval, a tie vote upholds the prior approval.
(g)
A copy of the final decision or, where no decision is called
for, of the findings shall be delivered to the applicant personally
or mailed to him not later than the next business day following its
date. To all other persons who have filed their name and address with
the City Council not later than the last day of the hearing, the City
Council shall provide, by mail or otherwise, brief notice of the decision
or findings and a statement of the place at which the full decision
or findings may be examined.
(9)
Continuances. On its own motion, or by any party to the proceeding
or on approval of requests by applicant, appellants or their authorized
agents, the City Council may provide for continuances of cases on
which hearings have begun. Such continuances shall be permitted only
for good cause stated in the motion and, unless time and place is
stated, shall require new public notice, with fees paid by applicants
or appellants if continuances are at their request or result from
their actions. A notice of the place, date and time of the continued
hearing shall also be posted prominently at the municipal office where
the hearing will be continued.
(10)
Failure to hold hearing or render decision. Where the City Council fails to render a decision within the period required, or fails to hold a hearing within the period required, the decision shall be deemed to have been rendered in favor of the applicant unless otherwise specified in the MPC. However, failure to act on a validity challenge results in a deemed denial. When a decision has been rendered in favor of the applicant because of the failure of the City Council to meet or render a decision, the City Council shall give public notice of deemed approval within 10 days from the last day it could have met to render a decision in the same manner as in Subsection
K(8) hereinabove.
L. Time limitation.
(1)
If a conditional use is granted, the necessary permit shall
be secured and the authorized action begun within two years after
the date when the conditional use is finally granted, and the building
or alteration, as the case may be, shall be completed within three
years of said date. For good cause, the City Council may at any time,
upon application in writing, extend either of these deadlines.
(2)
Should the appellant or applicant fail to obtain the necessary
permits within said two-year period, or having obtained the permit,
should he fail to commence work thereunder within such two-year period,
it shall be conclusively presumed that the appellant or applicant
has waived, withdrawn, or abandoned his application, and all approvals
and permits granted to him shall be deemed automatically rescinded
by the City Council.
(3)
Should the appellant commence construction or alternation within
said two-year period, but should he fail to complete such construction
or alteration within said three-year period, the City Council may,
upon 10 days' notice in writing, rescind or revoke the granted conditional
use, if the City Council finds that no good cause appears for the
failure to complete within such three-year period, and if the City
Council further finds that conditions have altered or changed in the
interval since the granting of the conditional use that revocation
or rescission of the action is justified.
(4)
As an alternative to the preceding, an applicant can request,
as part of the original application before the City Council, the granting
of a timetable associated with the request which would supersede the
deadlines imposed in this article. In so doing, the applicant must
demonstrate that the times requested are logically related to normal
and expected progress of the project. In approving a timetable under
this section, the City Council must establish and bind a definite
time frame for: issuance of a zoning permit; and completion of construction
of the project.