[Ord. 588, 4/12/1995, § 1600]
1. There shall be a Zoning Officer who shall be appointed by Borough
Council and may not hold any elected office in the Borough. The Zoning
Officer's duties shall include, but not be limited to, the following:
A. Enforce all provisions of this chapter and all amendments thereto.
B. Refer applications for interpretive appeals, variances and special
exceptions to this chapter to the Zoning Hearing Board.
C. Conduct inspections and surveys to determine compliance or non-compliance
with the terms of this chapter.
D. Issue stop, cease and desist orders, and order in writing correction of all conditions found to be violation of the provisions of this chapter. Such written orders shall be in form as set forth in §
27-1603 of this chapter and shall be served personally or certified mail upon persons, firms or corporations deemed by the Zoning Officer to be violating the terms of this chapter. It shall be unlawful for any person to violate any such order lawfully issued by the Zoning Officer and any person violating such order shall be guilty of a violation of this chapter.
E. Keep an official record of all business and activities, including
complaints of a violation of any of the provisions of this chapter
and of the subsequent action taken on each such complaint.
F. Maintain or cause to have maintained a map or maps showing the current
zoning classifications of all land in the Borough.
G. May identify and register all nonconforming uses and non-conforming
structures created as a result of the adoption of this chapter or
created as a result of amendments thereto.
H. Issue use and occupancy permits in accordance with the terms of this
Part.
[Ord. 588, 4/12/1995, § 1601]
1. A use and occupancy permit shall be required prior to any of the
following:
A. Use and occupancy of any building or other structure hereafter erected
or altered, for which a building permit is required.
B. Change in use of any building or structure or any part thereof.
C. Use of land or change in the use thereof except that the placing
of vacant land under cultivation shall not require use and occupancy
permit.
D. Change in use or extension of a non-conforming use.
2. It shall be unlawful for any person to use or occupy any building
or other structure or land until a use and occupancy permit, if required,
has been duly issued.
3. Such notice shall state 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, statement or plan.
D. The date before which 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 which will result in a judgment in the amount of $500,
plus all court costs and all attorney's fees incurred by the
Borough as a result of said violation. Each day a violation may constitute
a separate violation with penalties as hereinbefore set forth. If
the notice of the violation is not complied within the same time period
set forth in the notice, the Zoning officer shall order the discontinuance
of such unlawful use of structure, building, sign, and/or land involved
in the violation.
[Ord. 588, 4/12/1995, § 1607]
Any person, partnership, or corporation which violates any provision
of this chapter shall, upon conviction thereof in a civil enforcement
proceeding, be sentenced to pay a judgment of not more than $500 plus
all court costs including reasonable attorney's fees incurred
by the Borough as a result of said violation. Each day that a violation
continues shall constitute a separate violation unless the District
Justice hearing the civil enforcement remedy determines that there
has been a good faith basis for the person, partnership, or corporation
violating the ordinance 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.
[Ord. 588, 4/12/1995, § 1608]
In case any building, sign or structure is erected, constructed,
reconstructed, altered, repaired, converted or is maintained, or any
building, sign, structure or land is used, or any hedge, tree, shrub
or other growth is maintained, in violation of this chapter or of
any regulations pursuant thereto, in addition to other remedies provided
by law, any appropriate action or proceeding, whether by legal process
or otherwise, may be instituted or taken to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use, to restrain, correct or abate such violation to
prevent the occupancy of said building, structure or land, or to prevent
any illegal act, conduct, business or use in or about such premises.
[Ord. 588, 4/12/1995, § 1609]
1. In evaluating an application to Borough Council for a conditional
use or to the Zoning Hearing Board for a special exception, the respective
Boards shall require the applicant to provide any necessary information
to insure that:
A. The proposed use is consistent with the purpose of the Part whereby it is permitted, the overall purpose of this chapter as contained in Part
1 and all applicable provisions of this chapter.
B. The proposed use will satisfy all of the relevant provisions and
requirements of the Morton Borough Subdivision and Land Development
Ordinance and any other applicable ordinance, code and/or regulation.
C. The proposed use and its location are consistent with and responsive
to the Comprehensive Plan, in particular, the plans for land use,
circulation, community facilities, utilities and the map depicting
areas of environmental concern.
D. The proposed use will not adversely effect the health, safety, morals,
and general welfare of the Borough.
E. The proposed land use is consistent with the nature of the land uses
existing on any immediately adjacent properties; and it will not detract
from or cause harm to neighboring properties and will be maintained
in a manner in keeping with the character of the neighborhood.
F. The proposed use is consistent in concept and design with other conditional
uses for which approval may have been previously granted and/or it
is located in an area or areas for which the site is suited.
G. The proposed use is consistent with the logical extension of public
services and utilities, such as a public water and public sewer, and
will not have a negative effect on the public services and utilities
of the surrounding properties.
H. Proposed construction will be consistent with good design principles
and sound engineering and land development practices, and is in keeping
with the character of any existing quality construction within the
neighborhood.
I. The proposed use will provide safe and adequate access to roads and
public services (existing or proposed) and will not result in excessive
traffic volumes, or applicant will make any improvements needed to
guarantee compatibility with adjacent roads and public services.
J. The proposed use will provide for effective sanitation.
K. The proposed use will create the required screening and landscaping
as required in this chapter and the Morton Borough Subdivision and
Land Development Ordinance.
L. The proposed use, as depicted in the plans for subdivision and/or
land development, includes proposals for landscaping, in addition
to that required as stated above, in areas which are highly visible,
such as along roads, walks, or trails, and in other places where the
use of trees, shrubs and ground cover would be functional and appropriate.
M. The proposed use will be properly sited, and not be disruptive to
existing topography, streams and ponds, vegetation and other natural
resources.
N. The proposed use will provide for adequate off-street parking and
loading in accordance with Part 13.
O. The proposed use will provide for adequate signage in accordance
with Part 14.
P. The proposed use can be adequately serviced by the type of water
supply and sewage disposal system which is proposed.
Q. The proposed use will be developed using effective storm water management
techniques, and soil erosion and sedimentation control techniques.
2. The Boards may impose such conditions as are necessary to insure
any or all of the above amenities as well as compliance with any other
relevant ordinances, regulations and codes.
3. Conditional uses related to the Flood Hazard District shall also be evaluated in accordance with the provisions of §
27-1204.
4. General Procedures.
A. The Zoning Hearing Board shall be governed by the provisions of the
Pennsylvania Municipalities Planning Code, Act 247, as amended.
B. In the case of an application for conditional use, the Planning Commission
shall perform a review and provide counsel to Borough Council concerning
the grant of approval or disapproval of the proposed use. Such review
shall be conducted and a written report submitted to Borough Council
within 45 days of the date of the first Planning Commission meeting
following the date the plan has been filed. The Planning Commission
shall discuss the application at, at least, one of its regularly scheduled
public meetings during the review period.
C. Borough Council may, in the case of an application for conditional
use, schedule a Hearing for public review and comment. Such hearing
shall commence during the ninety-day review period unless mutually
agreed otherwise with the applicant. Within 90 days of the date of
the first meeting of Borough Council, following the date the plan
has been filed, Borough Council, at a regularly scheduled meeting
or special meeting shall take action to either approve or disapprove
the use.
D. The Planning Commission and Borough Council shall be responsible
for providing notification to the applicant, no less than 20 days
prior to the occurrence of any hearing at which testimony will be
heard, and/or action taken upon approval or disapproval, in order
that he/she may present his/her case at such a hearing. Subsequent
to the receipt of such notification, the applicant shall be responsible
for notifying no less than 10 days prior to such hearing, all abutting
property owners.
E. Proof of proper notification shall be required as a condition precedent
before any formal action on the application.
F. Notification of the action taken by Borough Council shall be made
in writing to the applicant. In the event of disapproval, it shall
be accompanied by a statement of reasons therefor. In the event of
disapproval, the applicant may file a new application for conditional
use or subdivision and/or land development for another use of the
subject property.
G. In the event of approval, should the applicant fail to obtain the
necessary Borough approvals and permits within 12 months of notification;
or, having obtained the necessary approvals and permits, fails to
commence work thereunder with six additional months, it shall be conclusively
presumed that the applicant has waived, withdrawn or abandoned his/her
appeal or application; and has all provisions, conditional use(s)
and permits granted to him/her shall be deemed automatically rescinded
by Borough Council. If Borough Council finds that a good reason exists
for the failure to comply with the time periods specified above, an
extension may be granted.
H. The grant of approval by Borough Council for a conditional use shall
in no way release the applicant from his/her obligation to comply
with the applicable provisions of this chapter, the Subdivision and
Land Development Ordinance, and any other applicable Borough, state,
and federal regulations.
[Ord. 588, 4/12/1995, § 1610]
All notices, hearings and orders shall be made or shall occur
in conformance with the provisions of this chapter and the Pennsylvania
Municipalities Planning Code, Act 247 of 1968 as amended by Act 170
of 1988, as mended, 53 P.S. § 10101 et seq.