City of Lebanon, PA
Lebanon County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. 27-1986, 87, passed 10-27-1986]
(a) 
A Zoning Officer designated by the Mayor and Council shall administer and enforce this Zoning Code. He may be provided with the assistance of such other persons as the Mayor and Council may direct.
(b) 
If the Zoning Officer finds that any of the provisions of this Code are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order: discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or may take any other action authorized by this Code to insure compliance with or prevent violation of its provisions.
[Ord. 27-1986, 87, passed 10-27-1986]
(a) 
Zoning permits shall hereafter be secured from the Zoning Officer prior to the use of any land, construction, erection or alteration of any building or part of building, and prior to the construction or erection of any stationary sign or billboard. All requests for zoning permits shall be made in writing by the owner or by his authorized agent on forms supplied by the Zoning Officer, and when requested by the Zoning Officer, shall be accompanied by a certified plan drawn to scale, showing the proposed structure in its exact relation to lot and street lines. No zoning permit shall be issued for any conversion, addition or alteration or change in use of any existing structure unless that structure meets all requirements of applicable City codes and ordinances, including all ordinances relating to shade trees.
[Amended by Ord. 17-1990, 91 § 3, passed 4-23-1990]
(b) 
Time limitation. No zoning permit for construction, erection or alteration of any building or structure, or for any sign, shall be valid for more than one year from date of issue unless work at the site has commenced within such period. No zoning permit for use of building or land shall be valid for more than one year from date of issue unless such use is established within the one year period; provided, however, that where such use is dependent upon erection or alteration of a building, the zoning permit shall continue in force if the erection or alteration is started within the one year period and completed in an expeditious manner.
(c) 
Notice of starting work. The Zoning Officer shall be given at least 24 hours' notice by the owner or applicant prior to commencement of work at the site under zoning or building permits.
[Ord. 27-1986, 87, passed 10-27-1986]
No building or other structure shall be erected, moved, added to or structurally altered without a permit therefore issued by the Zoning Officer. No building permit shall be issued by the Officer except in conformity with the provisions of this Zoning Code, unless he receives a written order from the Zoning Hearing Board in the form of an administrative review, special exception or variance as provided by this Code.
[Ord. 27-1986, 87, passed 10-27-1986]
(a) 
All applications for building permits shall be accompanied by plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot or 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 Zoning Officer, including: existing or proposed buildings or alterations; 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 Zoning Code.
(b) 
In cases where construction and/or alterations would necessitate approval from the Department of Labor and Industry, the applicant shall furnish the Labor and Industry file number and date of their approval. If Labor and Industry approval is not required, the applicant shall so state on the building permit application.
(c) 
One copy of the plans shall be returned to the applicant by the Officer, after he has marked such copy either as approved or disapproved and attested to the same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the Officer.
[Ord. 27-1986, 87, passed 10-27-1986; Ord. 2-1990, 91 § 1, passed 1-22-1990]
(a) 
No person shall use or occupy or permit the use or occupancy of any building or premises or both, or part thereof hereafter created, if erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance has been issued therefore by the Zoning Officer stating that the proposed use of the building or land conforms to this Zoning Code.
(b) 
No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of zoning compliance and the certificate shall be issued in conformity with the provisions of this Code upon completion of the work.
(c) 
The Officer shall maintain a record of all certificates of zoning compliance and a copy shall be furnished upon request of any person.
(d) 
Failure to obtain a certificate of zoning compliance shall be a violation of this Code and punishable as provided in Section 1305.99.
[Ord. 27-1986, 87, passed 10-27-1986]
(a) 
If the work described in any building permit has not begun within 180 days from the issuance thereof, the permit shall expire; it shall be cancelled by the Zoning Officer and written notice thereof given to the persons affected.
(b) 
If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, such permit shall expire. Further work shall not proceed unless and until a new building permit has been obtained.
[Ord. 27-1986, 87, passed 10-27-1986]
Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Zoning Officer authorize only the use, arrangement and construction set forth in such approved plans and applications. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this Zoning Code and punishable as provided in Section 1305.99.
[Ord. 27-1986, 87, passed 10-27-1986]
In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this Code are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards shall govern.
[Ord. 27-1986, 87, passed 10-27-1986]
The regulations set by this Zoning Code within each district shall be minimum regulations and shall apply uniformly and particularly to each class or kind of structure or land, except as hereinafter provided.
[Ord. 27-1986, 87, passed 10-27-1986]
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.
[Ord. 27-1986, 87, passed 10-27-1986]
No building or other structure shall hereafter be erected or altered which is contrary in any manner to the provisions of this Zoning Code or:
(a) 
To exceed the height or bulk;
(b) 
To accommodate or house a greater number of families;
(c) 
To occupy a greater percentage of lot area; or
(d) 
To have narrower or smaller rear yards, front yards, side yards or other open spaces, than that permitted or required by this Zoning Code.
[Ord. 27-1986, 87, passed 10-27-1986]
No part of a yard or open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Zoning Code, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
[Ord. 27-1986, 87, passed 10-27-1986]
No yard or lot existing on the effective date of this Zoning Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Code shall meet at least the minimum requirements established by this Code.
[Ord. 8-1998, 99 § 2, passed 6-22-1998]
When a specific use is neither permitted nor prohibited in the schedule of district regulations, the Zoning Hearing Board shall, by administrative review, make a determination as to the similarity or compatibility of the use in question to the permitted uses in the district basing the decision on the overall intent stipulated for the district.
[Ord. 27-1986, 87, passed 10-27-1986]
All territory which may hereafter be annexed to the City shall be considered to be in the Residential (RLD) Low Density District until otherwise classified.
[Ord. 27-1986, 87, passed 10-27-1986]
Whenever a violation of this Zoning Code 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 Zoning Officer. He shall record properly such complaint, immediately investigate and take action thereon as provided by this Code.
[Ord. 27-1986, 87, passed 10-27-1986]
Should any section or provision of this Zoning Code be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Code as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
[Ord. 27-1986, 87, passed 10-27-1986]
All ordinances or parts of ordinances in conflict with this Zoning Code, or inconsistent with the provisions of this Code, are hereby repealed to the extent necessary to give this Code full force and effect.
[Ord. 2-1990, 91 § 2, passed 1-22-1990; Ord. 27-1986, 87, passed 10-27-1986]
(a) 
Any person, partnership or corporation which violates any provision of this Zoning Code or any amendment thereto, shall, upon being found liable therefore in a civil enforcement proceeding commenced by the City, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the City 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 Municipality 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 was a good faith basis for the person, partnership or corporation violating such provision 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. Thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of the Zoning Ordinance or its amendments shall be paid over to the City.
(b) 
Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.