[Ord. 593, 4/8/1986; as amended by Ord. 738, 6/21/1999]
1.
The following provisions shall apply to the Borough Zoning Officer:
A.
Appointment. The provisions of this chapter shall be administered
by the Zoning Officer, who shall be appointed by and serve the Borough
Council. Borough Council may appoint an Assistant Zoning Officer and
assign such duties to such Assistant as it may deem appropriate. In
addition, the Zoning Officer and Assistant Zoning Officer may be provided
with the assistance of such persons as Borough Council may from time
to time direct. The Zoning Officer and Assistant Zoning Officer shall
not hold any elected office in the Borough.
B.
Qualifications. The Zoning Officer shall, by adequate professional
training and experience, be familiar with building procedures and
terminology and with the responsibilities and proper application of
the powers and duties of his office. The Zoning Officer shall have
proficient knowledge and understanding of the requirements of this
chapter prior to appointment.
C.
Compensation. The compensation of the Zoning Officer shall be determined
by the Borough Council through a resolution process and shall be reevaluated
on an annual basis.
D.
Duties. The Zoning Officer shall have all the duties and powers conferred
on him by this chapter in addition to those reasonably implied for
that purpose. The Zoning Officer shall not issue a building permit
or certificate of use and occupancy in connection with any proposed
erection, construction, alteration, extension, replacement, conversion,
removal, and/or use of any building, structure, and/or land unless
it first conforms to the requirements of this chapter. It shall be
the power and duty of the Zoning Officer to:
(1)
Receive all applications for building permits and issue permits
within 10 calendar days when there is compliance with the provisions
of this chapter.
(2)
Upon issuance of a building permit, notify such other Borough
and County officials as may be affected by such issuance.
(3)
Following refusal of a permit, receive applications for appeals
from alleged error of the Zoning Officer and variances, and forward
these applications to the Zoning Hearing Board for action thereon.
(4)
Conduct investigations to determine compliance or noncompliance
with the terms of this chapter. In performing such duties, the Zoning
Officer shall have the authority, including entry, to inspect land,
buildings, and structures built or altered under this chapter, and
upon satisfactory completion of said inspection, to issue a certificate
of use and occupancy within 10 calendar days.
(5)
Order in writing the correction of all conditions found to be
in violation of the provisions of this chapter. Such written order
shall be served personally or by registered mail upon persons, firms,
or corporations deemed by the Zoning Officer to be in violation of
this chapter.
(6)
Institute, with the recommendation of the Borough Planning Commission
and the approval of the Borough Council, proceedings in courts of
proper jurisdiction for the enforcement of this chapter.
(7)
Maintain and keep all records pertinent to all zoning matters
in the Borough. Such records shall include but not be limited to,
all applications received, copies of all permits and certificates
issued, copies of orders, and findings of the Zoning Hearing Board,
written complaints of alleged violations, records of all inspections
made, a current copy of this chapter and all amendments and other
related information.
(8)
Upon the request of the Borough Planning Commission, the Zoning
Hearing Board or the Borough Council, present to such body facts,
records, data, and any other related information to assist such body
in its deliberations and decisions.
E.
Relief from Personal Responsibility. Any suit instituted against
any officer or employee because of an act performed by him in the
lawful discharge of his duties shall be defended by the legal representative
of the Borough. In no case shall the Zoning Officer or any of his
staff be liable for costs in any action, suit, or proceeding that
may be instituted in pursuance of the provisions of this chapter when
he and/or his subordinates perform their duties in good faith and
without malice.
[Ord. 593, 4/8/1986; as amended by Ord. 754, 2/18/2002; by
Ord. 794, 10/25/2006, § 1; and by Ord. 810, 12/17/2007]
1.
The following requirements shall apply to building permits issued
by the Borough:
A.
A building permit shall be obtained from the Building Officer in accordance with the Borough Uniform Construction Code [Chapter 5, Part 1]:
(1)
For any erection, construction, alteration, extension, replacement,
relocation, or conversion of any building or structure.
[Amended by Ord. 906, 6/19/2017]
(2)
For the change of use of a building, structure, and/or land.
(3)
For any construction, development, use, or activity requiring
a building permit under the terms of Part 17, Flood Hazard District.
[Added by Ord. 907, 9/18/2017]
2.
Application Procedures. Application for a building permit shall be
submitted in writing on a form prescribed by the Zoning Officer, by
the owner or lessee of any building, structure or land, 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 from the owner or lessee authorizing the work
and designating the said person as representative of the owner or
lessee and shall contain the following:
A.
A map of the lot in question, drawn to scale, indicating the lot
size and showing all dimensions of lot lines, all required yard areas
and setback lines, and the exact location(s) on the lot of all existing
and proposed buildings, fences, impervious surfaces, structures, and
alterations to buildings or structures.
B.
A statement indicating the use, height, length, width, and proportion
of the total lot area covered by all proposed and/or existing buildings,
structures, or additions to a building and all impervious surfaces.
C.
A statement indicating the number of dwelling units and/or commercial
or industrial establishments to be accommodated within existing and
proposed buildings on the lot. In the case of apartment buildings,
a breakdown of units by the number of bedrooms shall be given.
D.
Where applicable, the number, location, and design of parking and
loading areas, accessory buildings, recreation areas, signs, buffer
yards, landscaping, and screening, means of ingress and egress to
the lot, routes for pedestrian and vehicular traffic, and outdoor
lighting throughout the tract shall be shown on the plan.
E.
Location of proposed water supply and sewage disposal facilities
and the location of connection to existing facilities.
3.
Approval or Disapproval. Upon receipt of the application, the Zoning
Officer shall examine the application to determine compliance with
this chapter. Within 10 days of receipt of the application, the Zoning
Officer shall either approve or disapprove the application and return
one copy of the application containing the decision of the Zoning
Officer to the applicant. The other copy shall be retained by the
Zoning Officer. If disapproved, the Zoning Officer shall attach a
statement to the application explaining the reasons therefor and informing
the applicant of his rights to appeal to the Zoning Hearing Board.
If the applicant fails to obtain a building permit from the Zoning
Officer within six months after the date of approval of the application,
the approval of the application shall be considered null and void.
4.
Issuance and Posting of Permit. Upon approval of the application
by the Zoning Officer and the payment of the fees established from
time to time by resolution of the Borough Council, the Zoning Officer
shall issue a building permit placard, which shall be visibly posted
on the site of operations during the entire time of construction.
The permit shall expire one year from the date of issuance, provided
that it may be extended at the discretion of the Zoning Officer for
six-month periods not exceeding a total of one year.
5.
Rights of Permit Holders. The permit shall be a license to proceed
with the work described on the approved application in accordance
with all Borough ordinances. The Zoning Officer shall 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
on which the permit or approval was based or for any other cause set
forth in this chapter.
[Ord. 593, 4/8/1986; as amended by Ord. 805, 10/15/2007,
§ 2; by Ord. No. 959-2023, 1/9/2023]
1.
Requirements. A certificate of use and occupancy shall be required
in association with any of the following:
A.
Upon completion of the erection or alteration of any building or
portion thereof authorized by any permit obtained in compliance with
this Part, the holder of the permit shall notify the Code Enforcement
Office of completion. No permit shall be considered complete or permanently
effective until the Code Enforcement Officer has issued a certificate
of use and occupancy certifying that the work has been inspected and
approved as being in conformity with the permit and the provisions
of this chapter.
B.
Prior to i] the transfer of ownership of any residential or nonresidential
property, building, or structure, or any part thereof; or ii] any
change in use of any residential or nonresidential property, building,
or structure, or any part thereof; or iii] any change in nonresidential
tenancy of any property, building, or structure, or any part thereof,
a certificate of use and occupancy shall be obtained from the Code
Enforcement Office. A copy of such certificate shall be provided to
the buyer at settlement or to the nonresidential tenant prior to the
time of commencement of the lease.
C.
Use of land or change in the use thereof, except that the placing
of vacant land under cultivation shall not require a certificate of
use and occupancy.
D.
Extension of a nonconforming use.
4.
Issuance. Upon the receipt of written notification that the work for which a building permit has been issued has been completed, or upon notification of any proposed action set forth in § 27-2003, Subsection 1, above, that requires a certificate of use and occupancy, the Code Enforcement Officer shall inspect the premises within 10 days to determine that any work has been performed in accordance with the approved building permit application and that the proposed activity otherwise complies with the requirements for a certificate of use and occupancy. If the Code Enforcement Officer is satisfied that the work has been completed in accordance with the approved building permit application, and/or that the proposed activity is in compliance with the requirements for a certificate of use and occupancy, he/she shall issue the required certificate of use and occupancy. A copy of the certificate of use and occupancy shall be retained by the Code Enforcement Office as part of Borough records. If the Code Enforcement Officer finds that the work has not been performed in accordance with the approved building permit application, and/or that the proposed activity does not meet the requirements of this section for a certificate of use and occupancy, the Code Enforcement Officer shall refuse to issue the certificate of use and occupancy and shall give written reasons therefor. In such instances, the Code Enforcement Officer shall issue a temporary use and occupancy certificate or temporary access certificate, as provided in § 27-2003, Subsection 6, below.
5.
A certificate of use and occupancy shall be granted or refused within
15 days after the Code Enforcement Office has received the written
notification of completion of construction or within 15 days of notification
of an intent to occupy or use premises or land.
6.
Temporary Use and Occupancy Certificate and Temporary Access Certificate.
A.
Prior to the full completion of work covered by a building permit, and upon the request of the holder of such permit, the Code Enforcement Officer may, at her/his discretion, issue a temporary use and occupancy certificate, as defined by § 27-202 of this chapter, for a building, structure, and/or land. Where such temporary use and occupancy certificate is issued, the designated portion or portions of such building, structure, and/or land may be occupied prior to full completion of the work, provided such use and/or occupation may be done safely and neither life nor public welfare is endangered.
B.
Temporary uses such as tents, trailers, buildings on construction
sites, use of land for religious and other public and semipublic purposes,
or similar temporary use and/or occupancy shall not be permitted until
a temporary use and occupancy certificate has been issued by the Code
Enforcement Officer.
C.
The Code Enforcement Officer may issue a temporary use and occupancy certificate, as defined in § 27-202 of this chapter, as a result of his/her inspection of a property incident to the resale of the property that reveals a violation but no substantial violation. The purpose of the certificate is to authorize the purchaser to fully utilize or reside in the property while correcting violations pursuant to the maintenance and repair provisions of the Borough Code or other applicable law or regulation.
D.
The Code Enforcement Officer may issue a temporary access certificate, as defined in § 27-202 of this chapter, as a result of her/his inspection of a property incident to the resale of the property that identifies at least one substantial violation, whereby the purpose of the certificate is to authorize the purchaser to access the property for the purpose of correcting substantial violations pursuant to the maintenance and repair provisions of the Borough Code or other applicable law or regulation. No person may occupy a property during the term of a temporary access certificate, but the owner shall be permitted to store personalty that is related to the proposed use or occupancy of the property or is needed to repair the substantial violations during the time of the temporary access certificate.
E.
The Code Enforcement Officer shall issue a temporary access certificate
or a temporary use and occupancy certificate in accordance with the
terms of the Municipal Code and Ordinance Compliance Act, 68 P.S.
§ 1081 et seq.
[Ord. 593, 4/8/1986]
Sign permits shall be obtained as required by the Borough of Oxford under § 27-1601. Sign permits need not be displayed on the affected property.
[Ord. 593, 4/8/1986; as amended by Ord. 622, 12/29/1987;
and by Ord. 642, 12/19/1989]
1.
If it appears to the 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.
2.
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.
3.
An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom
the Borough 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 the 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.
[Ord. 593, 4/8/1986; as amended by Ord. 636, 5/23/1989; and
by Ord. 642, 12/19/1989]
1.
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 District Justice. 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 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 the 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 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 over to the Borough.
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 or enforcement pursuant to this section.
[Ord. 593, 4/8/1986; as amended by Ord. 642, 12/19/1989]
1.
The Borough Council may from time to time amend, supplement, change,
modify, or repeal this chapter, including the Zoning Map. Such shall
be clone in accordance with the following procedure:
A.
Definitions. The words "amend," "amendment," "amendments," and "amended"
in this chapter shall be deemed to include any modification of the
text or phraseology of any provisions or amendments thereof, or any
repeal or elimination of any such provision or part thereof, or any
addition to the chapter or to an amendment thereof, and shall also
be deemed to include any change in the number, shape, boundary, or
area of any district or districts, any repeal or abolition of any
part of such map and, in addition to such map, any new map or maps,
or any other change in the maps or any map.
B.
Initiation of Amendments. Proposals for amendment, supplement, change,
modification, or repeal may be initiated by the Borough Council on
its own motion, by the Borough Planning Commission or by petition
of one or more owners of property to be affected by the proposed amendment,
subject to the following provisions:
(1)
Proposals Initiated by the Borough Council. The Borough Council
shall refer every proposed amendment, supplement, change, modification,
or repeal originated by it to the Borough Planning Commission. Within
30 days of the submission of said proposal, the Planning Commission
shall submit to the Borough Council a report containing the Commission's
recommendations, including any additions or modifications to the original
proposal.
(2)
Proposals Originated by the Borough Planning Commission. The
Borough Planning Commission may at any time transmit to the Borough
Council any proposal for the amendment, supplement, change, modification,
or repeal of this chapter.
C.
Hearings.
(1)
Before voting on the enactment of an amendment, the Borough
Council shall hold a public hearing thereon. No such amendment shall
become effective until after such hearing, at which parties in interest
and citizens shall have an opportunity to be heard. If, after any
public hearing on an amendment, the proposed amendment is revised
or further revised to include land previously not affected by it,
the Council shall hold another public hearing, pursuant to public
notice, before proceeding to vote on the amendment.
(2)
Proposed zoning ordinances and amendments shall not be enacted
unless notice of the proposed enactment is given in the manner set
forth in this section, and shall include the time and place of the
meeting at which passage will be considered and a reference to a place
within the Borough where copies of the proposed ordinance or amendment
may be examined without charge or obtained for a charge not greater
than the cost thereof. The Borough Council shall publish the proposed
ordinance or amendment once in one newspaper of general circulation
in the Borough not more than 60 days nor less than seven days prior
to passage. Publication of the proposed ordinance or amendment shall
include either the full text thereof or the title and a brief summary,
prepared by the Borough Solicitor and setting forth all the provisions
in reasonable detail. If the full text is not included:
(3)
No hearing shall be held before or during the thirty-day period
in which the Borough Planning Commission has been directed to review
and report its recommendations to the Borough Council.
(4)
At least 30 days prior to the public hearings on the proposed
amendment, the Borough Planning Commission shall submit the amendment
to the Chester County Planning Commission for review and recommendations.
D.
Procedure upon Curative Amendments.
(1)
A landowner who desires to challenge on substantive grounds the validity of an ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the governing body with a written request that his challenge and proposed amendment be heard and decided. The Borough Council shall commence a hearing on the amendment within 60 days of the request. The curative amendment shall be submitted to the Borough and County Planning Commissions for review and recommendations at least 30 days prior to the public hearing on the proposed amendment. Public notice, as defined in § 27-202, shall be given prior to public hearing. Hearings shall be conducted in accordance with the Pennsylvania Municipalities Planning Code, § 609.1, 53 P.S. § 10609.1.
(2)
A fee, to be determined by resolution of the Borough Council,
shall be paid at the time of submission of a written request for the
amendment of this chapter in order to cover costs incurred by the
Borough. No request for amendment shall be considered unless it is
accompanied by the required fee. Funds in excess of actual costs shall
be returned to the applicant.
[Ord. 593, 4/8/1986; as added by Ord. 642, 12/19/1989]
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 this chapter, the governing body
or, with the approval of the governing body, 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 governing body of the Borough. No such action may be maintained
until such notice has been given.
[Ord. 593, 4/8/1986; as added by Ord. 780, 12/19/2005, § 10]
1.
Statement of Intent. This chapter provides for certain uses to be
permitted within the Borough as conditional uses. In so providing,
Borough Council recognizes that these uses may or may not be appropriate
at every location within any specific zoning district and, accordingly,
has established standards and criteria by which it can evaluate and
decide upon applications for such uses. In the sole discretion of
Borough Council, failure to comply with these standards may be deemed
a basis for the imposition of appropriate conditions on a grant of
approval.
2.
Submission and Content of Application.
A.
It shall be the burden of the applicant to demonstrate compliance
with the standards and criteria for conditional use contained in this
section and with all other relevant stipulations of this chapter,
and to indicate means by which potential impacts from the proposed
use will be mitigated.
B.
An application for a conditional use shall be made to Borough Council
on a form provided by or otherwise acceptable to the Borough. The
application shall be accompanied by a fee as stipulated by resolution
of Borough Council. Five copies of the application with all supporting
documents shall be submitted.
[Amended Ord. No. 946-2021, 11/15/2021]
C.
A generalized site plan shall be submitted as part of any conditional use application. It is not intended that such a plan be engineered or contain a fixed architectural layout, such as would be required under the Borough Subdivision and Land Development Ordinance [Chapter 22]. The plan shall, however, demonstrate compliance with all applicable standards for approval of the conditional use. The site plan shall identify all owners of lands contiguous to the subject property.
3.
Procedure.
A.
The application shall be reviewed initially by the Zoning Officer.
If it is deficient with regard to any required components, procedures,
or fees, the Zoning Officer shall so notify the applicant. This review
and notification shall occur prior to the scheduling of a public hearing
on the application. If such identified deficiencies are not remedied
in the form of a resubmitted application, such deficiencies shall
constitute grounds for denial of the application by Borough Council
subsequent to public hearing.
B.
Upon receipt of an application for conditional use, the Borough shall
promptly send copies of the application and all supporting materials
to the Borough Planning Commission and/or as appropriate, the Chester
County Planning Commission and/or the Chester County Health Department.
C.
The Borough Planning Commission shall promptly review and consider
the application and all supporting materials, and shall return the
application and all supporting materials to Borough Council, along
with its recommendation thereon, within 45 days from the date upon
which the application was submitted to the Borough.
D.
Upon receipt of the Planning Commission's recommendation, Borough
Council shall hold a public hearing, pursuant to public notice, at
which the application shall be considered. The hearing shall be held
within 60 days of the date upon which the application was submitted
to the Borough. Notice of the hearing shall be given to the applicant,
the Zoning Officer, the Borough Secretary, and the Secretary of the
Planning Commission; to any property owner within 500 feet of any
lot line of the subject property; and to any person who has made timely
request for the same, or their legal counsel, if such counsel shall
have filed an appearance with Borough Council, by mailing notice of
the time, place, and purpose of the hearing at least 14 days in advance
of the date fixed for the hearing, provided that failure to give notice
as required by this subsection shall not invalidate any action taken
by Borough Council. Written notice of the hearing shall be conspicuously
posted on the subject property at least one week prior to the hearing.
[Amended by Ord. No. 946-2021, 11/15/2021]
E.
A stenographic record of the hearing proceedings shall be made by
a court reporter. The appearance fee for the court reporter shall
be shared equally by the applicant and the Borough. Any party requesting
the original transcript or a copy of the transcript shall bear the
cost of same.
F.
The plan presented at the public hearing shall be essentially the
same as that reviewed by the Borough Planning Commission. Changes
deemed by the Planning Commission to be substantial may, upon written
concurrence by the applicant, result in rescheduling the public hearing
where the Planning Commission finds that such changes necessitate
a greater period of time for review and comment.
4.
Determination by Borough Council.
A.
Borough Council shall, within 45 days after the last hearing, render
a written decision which shall either:
B.
If Borough Council approves the application and accompanying generalized site plan, such approved plan shall accompany: (1) any application for subdivision or land development as prescribed by the Borough Subdivision and Land Development Ordinance [Chapter 22], in addition to the detailed plans normally required, and (2) any application for a building permit. The issuance or denial of a building permit shall take place in the regularly prescribed manner herein pertaining to building permits, but shall be preceded by compliance with the Borough Subdivision and Land Development Ordinance [Chapter 22]
C.
Any grant of conditional use approval shall be deemed null and void
six months from the date of such approval if, within that period,
no application is made for: (1) a building permit; (2) a certificate
of use and occupancy; or (3) subdivision or land development approval,
as appropriate, unless Borough Council shall grant an extension.
5.
Standards for Review of Applications. In considering any application for conditional use permitted by this chapter, Borough Council shall apply the general standards and criteria for special exceptions contained in § 27-1905, Subsection 3, in addition to the express standards and criteria set forth in any other relevant section of this chapter for a particular use that is permitted as a conditional use.
