A.
No building or structure shall be erected, added to or structurally
altered until a permit therefor has been issued by the Building Inspector.
No building permit shall be issued for any building where said construction,
addition or alteration or use thereof would be in violation of any
of the provisions of this chapter, except after written order from
the Zoning Hearing Board. Any building permit issued in conflict with
the provisions of this chapter shall be null and void.
B.
All applications for building permits shall be accompanied by plans
in duplicate, drawn to scale, showing the actual dimensions and shape
of the lot to be built upon; the exact sizes and locations on the
lot of buildings already existing, if any; and the location and dimensions
of the proposed building or alteration. The application shall include
such other information as lawfully may be required by the Building
Inspector, including existing or proposed building or alteration;
existing or proposed uses of the building and land; the number of
families, housekeeping units, or rental units the building is designed
to accommodate; conditions existing on the lot; and such other matters
as may be necessary to determine conformance with, and provide for
the enforcement of, this chapter.
C.
In approving an application for a building permit, the Building Inspector
may require such changes in plans for construction, addition, or alteration
or use of such buildings or lots as may be necessary to assure compliance
with this chapter.
D.
A building permit for any building or use may be revoked and withdrawn by the Building Inspector if the holder of the building permit has failed to comply with the requirements of this chapter or with any conditions attached to the issuance of the permit, and the holder of the building permit may be subject to penalties as provided by § 440-50 of this article.
E.
The Building Inspector shall act upon an application for a building
permit no later than 30 days after receiving the application. Failure
to act within this time shall be deemed approval of the application,
and in such case the Building Inspector is directed to issue the building
permit.
F.
One copy of the plans shall be returned to the applicant by the Building
Inspector, after he shall have marked such copy either as approved
or disapproved and attested to same by his signature on such copy.
The second copy of the plans, similarly marked, shall be retained
by the administrative official.
G.
If the work described in any building permit has not begun within
90 days from the date of issuance thereof, said permit shall expire;
it shall be cancelled by the Building Inspector; and written notice
thereof shall be given to the persons affected. If the work described
in any building permit has not been substantially completed within
two years of the date of issuance thereof, said permit shall expire
and be cancelled by the Building Inspector, and written notice thereof
shall be given to the persons affected, together with notice that
further work as described in the cancelled permit shall not proceed
unless and until a new building permit has been obtained.
A.
It shall be unlawful to use or occupy or permit the use or occupancy
of any building or lot, or part thereof, hereafter erected, connected,
or wholly or partly altered or enlarged in its use or structure until
an occupancy permit has been issued therefor by the Building Inspector.
Said occupancy permit shall state that the proposed use of the building
or land conforms to the requirements of this chapter.
B.
No nonconforming structure or use of land shall be maintained, renewed, changed or extended until an occupancy permit has been issued by the Building Inspector therefor. After enactment or amendment of this chapter, and upon notification by the Building Inspector owners or occupants of nonconforming structures or uses shall apply for occupancy permits. All occupancy permits for nonconforming structures or uses shall state specifically wherein the nonconforming use differs from the provision of this chapter. (See § 440-42 of this article.)
C.
Occupancy permits shall be applied for coincident with the application
for a building permit and shall be issued within five working days
after the erection, or alteration has been completed, inspected by
the Building Inspector and approved by said Inspector as complying
with the provisions of this chapter.
D.
Application for occupancy permits for a new or changed use of land
where no building permit is required shall be made directly to the
office of the Building Inspector. Occupancy permits shall be issued
or written notice stating why an occupancy permit cannot be issued
shall be given to the applicant no later than 10 days after the application
has been received by the Office of the Building Inspector.
E.
A temporary occupancy permit may be issued by the Building Inspector
for a period not exceeding six months during alterations as partial
occupancy of a building pending its completion, provided that such
temporary permit may require such conditions and safeguards as will
protect the safety of the occupants and the public.
F.
Failure to obtain an occupancy permit shall be a violation of this chapter and may be subject to penalties as provided by § 440-50 of this article.
G.
The Building Inspector shall maintain a record of all occupancy permits
and copies shall be furnished upon request, to any person having a
proprietary or tenancy interest in the building or lot affected.
A.
In accordance with § 440-41 of this article, owners or occupants of nonconforming uses shall apply for occupancy permits. Such application will constitute registration of the nonconforming use.
B.
Requirements.
(1)
After the enactment or amendment of this chapter the owners or occupants
of a nonconforming use shall be notified annually, by the Building
Inspector, of the provisions of this article. Within 30 days after
the receipt of said notice, the owner or occupant shall apply for
and be issued an occupancy permit for the nonconforming use.
(2)
If the owner of a nonconforming use fails to apply for an occupancy
permit within 30 days after receipt of the foregoing notice, the use
ceases to be nonconforming and is hereby declared to be in violation
of this chapter. The Building Inspector and Borough Solicitor shall
take appropriate action to enjoin such violation.
C.
If the Building Inspector shall find upon reviewing the application
for an occupancy permit that the existing use is illegal or in violation
of other ordinances or laws, or if he finds that the building for
which the permit is requested has been constructed or altered for
the existing use or any other use without full compliance with the
building code or zoning ordinance in effect at the time of construction
or alteration, he shall not issue the permit, but shall declare such
use to be in violation of this chapter.
D.
Upon the change of any nonconforming use to a conforming use the
owner or occupant of such use may request that such use be deleted
from any list of or map showing nonconforming uses.
A.
The Building Inspector shall enforce this chapter by issuing building
permits and occupancy permits for only those structures and uses that
comply with the provisions of this chapter. He shall, furthermore,
conduct all inspections necessary to determine compliance with this
chapter and shall maintain records thereof.
B.
The Building Inspector and his office shall be responsible for:
(1)
Maintaining all of the records of the zoning ordinance, including,
but not limited to, all maps, amendments, and special uses, variations,
nonconforming uses, appeals, and applications thereof and hearings
thereon;
(2)
Collecting fees which shall accompany applications for building and
occupancy permits, special exceptions, and variances;
(3)
Receiving, filing and forwarding to the Borough Commissioners and
the Planning Committee for action all applications for amendments
to this chapter; and
(4)
Receiving, filing and forwarding to the Zoning Hearing Board all
applications for special uses, appeals or variations in accordance
with the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Borough of Whitaker shall appoint a Zoning Hearing Board
in accordance with the provisions of 53 P.S. § 10901 et
seq. of the Municipalities Planning Code of the Commonwealth of Pennsylvania.
The Zoning Hearing Board shall have the following powers:
A.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the Building
Inspector in the enforcement of this article or of any ordinance adopted
pursuant thereto.
B.
To hear and decide all exceptions to the terms of this chapter upon
which such Board is required to act under provisions of this chapter.
C.
To authorize upon appeal in specific cases such variance from the
terms of the ordinance as will not be contrary to the public interest,
where owing to special conditions a literal enforcement of the provisions
of the ordinance will result in unnecessary hardship, and so that
the spirit of the ordinance shall be observed and substantial justice
done.
D.
In exercising the above-mentioned powers, such board may in conformity
with the provisions of this article reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination appealed
from, and may make such order, requirement, decision or determination
as in its opinion ought to be made. Notice of such decision shall
forthwith be given to all parties in interest, and shall be filed
immediately with the office of the Building Inspector.
A.
The Zoning Hearing Board shall hear and decide upon special exceptions;
however, it shall not approve a special exception unless and until:
(1)
A written application for a special exception is submitted to the
office of the Building Inspector indicating the section of this chapter
under which the special exception is sought and stating the grounds
on which it is requested.
(3)
Notice shall be given at least 15 days in advance of public hearing.
The owner of the property for which special exception is sought or
his agent shall be notified by mail. Notice of such hearings shall
be posted on the property for which special exception is sought, at
the Borough Hall, and in one other public place at least 15 days prior
to the public hearing.
(4)
The public hearing shall be held. Any party may appear in person,
or by agent or attorney.
(5)
A copy of the application for the special exception shall be submitted
by the office of the Building Inspector to the Borough Planning Committee.
The Committee shall review and make recommendations thereon, and shall
submit said recommendations to the Zoning Hearing Board.
B.
If it is found by the Planning Committee and the Zoning Hearing Board
that the special exception will not adversely affect the public interest
in any way, the special exception shall be granted by the Zoning Hearing
Board.
C.
In granting any special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter and punishable under § 440-50 of this article. The Zoning Hearing Board shall prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception.
A.
Planned developments, as hereinbefore defined, are of such substantially
different character from other uses permitted by this chapter that
the following standards and exceptions are hereby established to govern
the recommendations of the Planning Committee and the actions of the
Zoning Hearing Board in granting a special exception for planned developments.
(1)
That the use or uses proposed in the planned development are necessary
and desirable and are appropriate with respect to the development
of adjacent areas.
(2)
That the use or uses proposed in the planned development are not
of such a nature or so located as to exercise a detrimental influence
on the surrounding neighborhood.
(3)
That any exception to any density, area, yard, or height requirements (Article VI, § 440-9) shall be solely for the purpose of promoting an integrated site plan no less beneficial to the occupants of such development as well as of neighboring properties than would be obtained under the requirements of this chapter for buildings on single zoning lots.
(4)
That along the periphery of such planned developments, yards shall
be provided as required by the regulations of the district in which
said development is located.
A.
The Zoning Hearing Board shall authorize upon appeal in specific
cases such variance from the provisions of this chapter as will not
be contrary to the public interest where, owing to special conditions,
a literal enforcement of the provisions of this chapter would result
in unnecessary hardship. A variance from the term of this chapter
shall not be granted by the Board unless and until:
(1)
A written application for a variance is submitted demonstrating:
That special conditions and circumstances exist which are peculiar
to the land, structure, or building involved and which are not applicable
to other lands, structures, or buildings in the same district; that
literal interpretation of the provisions of this chapter would deprive
the applicant of rights commonly enjoyed by other properties in the
same district under the terms of this chapter; that the special conditions
and circumstances do not result from the actions of the applicant;
and that granting the variance requested will not confer on the applicant
any special privilege that is denied by this chapter to other lands,
structures, or buildings in the same district. No nonconforming use
of neighboring lands, structures, or buildings in the same district,
and no permitted use of lands, structures, or buildings in other districts
shall be considered grounds for the issuance of a variance.
(3)
Notice shall be given at least 15 days in advance of public hearing.
The owner of the property for which variance is sought or his agent
shall be notified by mail. Notice of such hearings shall be posted
on the property for which variance is sought, at the City Hall, and
in one other public place at least 15 days prior to the public hearing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
The public hearing shall be held. Any party may appear in person,
or by agent or by attorney.
(5)
The Zoning Hearing Board shall make findings that the requirements of Subsection A(1) of this section have been met by the applicant for the variance.
(6)
The Zoning Hearing Board shall further make a finding that the reasons
set forth in the application justify the granting of the variance,
and that the variance is the minimum variance that will make possible
the reasonable use of the land, building, or structure.
(7)
The Zoning Hearing Board shall further make a finding that the granting
of the variance will be in harmony with the general purpose and intent
of this chapter, and will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
B.
In granting any variance, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under § 440-50 of this article.
C.
Under no circumstances shall the Zoning Hearing Board grant a variance
to allow a use not permissible under the terms of this chapter in
the district involved, or any use expressly or by implication prohibited
by the terms of this chapter in said district.
A.
Appeals may be taken to the Zoning Hearing Board by any person, firm
or corporation aggrieved or by any officer or department of the Borough
of Whitaker affected by any decision of the Building Inspector, relative
to the interpretation of this chapter. Such appeal shall be taken
within 30 days from the data of such decision by filing with the Building
Inspector and with the Zoning Hearing Board a notice of appeal specifying
the grounds thereof. The Building Inspector shall forthwith transmit
to the Board all the papers constituting the record upon which the
action appealed from was taken.
B.
The Zoning Hearing Board shall fix a reasonable time for the hearing
of the appeal, give public notice thereof as well as the notice to
the parties in interest, and decide the same within 45 days after
the hearing or if said hearing is continued, within 45 days after
the said continued hearing. If the Zoning Hearing Board does not make
a decision within 45 days after the hearing or continued hearing,
it shall be deemed that such Board has decided in favor of the person
or the officer of the Borough aggrieved or affected who is seeking
relief. Upon the hearing, any party may appear in person or by attorney
or by agent.
Whenever a violation of this chapter occurs, or is alleged to
have occurred, any person may file a written complaint. Such complaint
stating fully the causes and basis thereof shall be filed with the
Building Inspector. He shall record properly such complaint, immediately
investigate, and take action thereon as provided by this chapter.
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 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 goad 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 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 this chapter shall be paid over
to the Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The owner or tenant of any building, structure, premises, or part
thereof, and any architect, builder, contractor, agent, or other person
who commits, participates in, assists in, or maintains such violation
may each be found guilty of a separate offense and suffer the penalties
herein provided.
C.
Nothing herein contained shall prevent the Borough from taking such
other lawful action as is necessary to prevent or remedy any violation.
A.
The Planning Committee of the Borough of Whitaker shall receive from
the office of the Building Inspector copies of all applications for
amendments to this chapter and shall make findings and recommendations
thereon, after which the Committee shall forward such findings and
recommendations to the Borough Council.
B.
The Planning Committee shall receive from the office of the Building
Inspector copies of all applications for special exceptions and shall
make findings and recommendations thereon, after which the Committee
shall forward such findings and recommendations to the Zoning Hearing
Board.
D.
The Planning Committee shall, furthermore, initiate, direct, and
review, from time to time, a study of the provisions of this chapter,
and to make reports of its findings and recommendations to the Borough
Council not less frequently than annually.
Under this chapter the Borough Council shall have the duties of considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law; and of establishing a schedule of fees and charges as stated in § 440-53 of this article. Under no circumstance shall the duties of the Borough Council include hearing and deciding questions of enforcement that may arise.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The Borough Council shall establish a schedule of fees, charges,
and expenses, and a collection procedure, for building permits, occupancy
permits, appeals and other matters pertaining to this chapter. The
schedule of fees shall be posted in the office of the Building Inspector
and may be altered or amended only by the Borough Council.
B.
No permit, special exception or variance shall be issued unless or
until such costs, charges, fees, or expenses have been paid in full,
nor shall any action be taken on proceedings before the Zoning Hearing
Board unless or until preliminary charges or fees have been paid in
full.
[Added 10-13-2014 by Ord.
No. 2-2014]
A.
The Borough Council shall have the power to approve conditional uses
at a public hearing following public notice for any of the uses for
which this chapter requires the obtaining of such approval and for
no other use or purpose. An application to the Borough Council shall
be made on the form approved by the Borough Council and shall be accompanied
by the fee set by the Borough Council.
B.
In granting a conditional use, the Borough Council shall make findings
of fact consistent with the provisions of this chapter. The Borough
Council shall not grant a conditional use except in conformation with
the conditions and standards outlined in this chapter. Borough Council
shall consider recommendation for approval or denial of the conditional
use application as reviewed and provided by Borough Planning Committee.
Borough Council shall also consider any applicable comments provided
as part of any public hearing for said application. The Borough Planning
Committee and Borough Council may attach additional reasonable conditions
and safeguards to ensure the proposed conditional use is in the best
interest and applicability of development within the overall Borough
and the surrounding development/land use activity.
C.
General requirements and standards applicable to all conditional
uses. The Borough Council shall grant a conditional use only if it
finds adequate evidence that any proposed use submitted for a conditional
use will meet all the following general requirements as well as any
specific requirements and standards listed for the proposed use. The
Borough Council shall, among other things, require that any proposed
use and location be:
(1)
In accordance with the Borough's Comprehensive Plan (if any) or other
stated planning goals, and other plans as may be adopted from time
to time, and consistent with the spirit, purpose and intent of this
chapter.
(2)
The best interests of the Borough, the convenience of the community,
the public welfare and be a substantial improvement to the property
in the immediate vicinity.
(3)
Suitable for the property in question, and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance with the existing or intended character of the general
vicinity.
(4)
In conformance with all applicable requirements of this chapter.
(5)
Suitable in terms of effects on street traffic and safety with adequate
access arrangements to protect major streets from undue congestion
and hazard.
D.
The Borough shall use the following criteria as a guide in evaluating
a proposed conditional use:
(1)
The presence of adjoining similar uses.
(2)
An adjoining district in which the use is permitted.
(3)
The need for the use in the area proposed as established by the Borough's Comprehensive Plan (if any) or other planning goals as set forth in Chapter 360, Subdivision and Land Development.
(4)
Sufficient area to effectively screen the conditional use from adjacent
different uses.
(5)
The use will not detract from the permitted uses of the district.
(6)
Sufficient safeguards such as parking, traffic control, screening
and setbacks can be implemented to remove any potential adverse influences
the use may have on adjoining uses.
(7)
The notification of abutting property owners.
(8)
Uses shall meet the provisions and requirements of other applicable
Borough regulations.
(9)
Should the applicant fail to obtain the necessary permits within
a one-year period, or having obtained the permit should he fail to
commence work thereafter or thereunder within such twelve-month period,
it shall be conclusively presumed that the applicant has waived, withdrawn
or abandoned his appeal or his application and all provision, conditional
uses and permits granted to him shall be deemed automatically rescinded
by the Borough Council.
[Added 10-13-2014 by Ord.
No. 2-2014]
A.
All administrative proceedings under this chapter shall be conducted in accordance with Article IX of the Municipalities Planning Code entitled "Zoning Hearing Board and Other Administrative Proceedings."[1] Sections 901 through 917 of the Municipalities Planning
Code shall supersede any contrary provisions in this chapter.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
B.
All references in this chapter to Board of Adjustment are hereby
replaced with Zoning Hearing Board.
