A.
The Zoning Officer shall administer and enforce this chapter in accordance
with its literal terms. He shall be appointed by Borough Council and
may hold no elective office in Vandergrift Borough.
C.
The Zoning Officer shall investigate alleged violations and take action to gain compliance in accordance with § 500-42. He shall also testify at hearings of the Zoning Hearing Board on contested decisions he has made.
D.
All questions of interpretation of this chapter shall be first presented
to the Zoning Officer, and such questions shall be considered by the
Zoning Hearing Board only on appeal from the decision of the Zoning
Officer.
A.
No building or structure, including a mobile home or a sign (see § 500-20C) shall be erected, moved or enlarged unless a permit for such action has been issued by the Zoning Officer.
B.
An application shall include the following in duplicate on forms
provided by the Zoning Officer:
(1)
A description of the proposed work, and the proposed use of the structure
if a new building, indicating the number of dwelling units and/or
commercial units the building is designed to accommodate.
(2)
A site plan drawn to scale showing the boundary lines of the property
to receive the new construction, if a new building or expansion of
an existing building is proposed, indicating bearings and distances
of each line, area of the property and name of owner of record.
(3)
The site plan shall also show the building setback line from each
property boundary, public roads abutting the property, any public
utilities serving the property and the location of freestanding signs
and of parking areas, with the number of parking spaces indicated
if a multifamily residential, commercial or industrial development.
(4)
The proposed building or addition shall be shown on the site plan,
with dimensions and height noted and distances indicated between it
and adjacent roads and property lines.
(5)
Existing buildings already on the property and topographical features
such as steep slopes, swamps and streams shall be shown if on the
property.
(6)
If the building is for commercial, industrial, multifamily or public
use, a certificate of approval from the State Department of Labor
and Industry shall be provided.
(7)
The applicant shall swear that all the information given on the form
and drawings shall be true and correct to the best of his knowledge.
C.
The Zoning Officer shall either issue a zoning permit, deny it, or
refer the application to the Zoning Hearing Board if a variance is
requested within 30 days of receiving the application.
D.
If the application is satisfactory, the Zoning Officer shall inspect
the premises where the construction is proposed to occur. If new construction
is proposed, the Zoning Officer shall verify on the site the location
of the construction relative to adjacent property lines and may order
the owner to have stakes positioned by a registered surveyor to indicate
the property line and outline of the new construction. Upon completing
his inspection and finding the application and premises compatible,
the Zoning Officer shall approve the application and return one copy
of the application together with a signed zoning permit authorizing
the applicant to proceed. The applicant shall post the permit prominently
on the building site during construction and shall keep one set of
the construction documents available on the site as well.
E.
If the application is not satisfactory, the Zoning Officer shall
return one copy of the application, together with a letter indicating
the specific reasons why the application cannot be approved and the
changes needed to make it acceptable.
F.
The Zoning Officer shall from time to time visit the property whereon
the approved construction is taking place in order to assure himself
that the work is proceeding in accordance with the approved application.
The Zoning Officer shall not be denied access to the property during
working hours in order to inspect the construction in progress and
may order the work halted pending appeal to the Zoning Hearing Board
or corrected to conform to the permit.
G.
If an applicant wishes to amend the use, arrangement or construction
of his building from that shown on the permit after the permit is
approved, he shall file with the Zoning Officer an application for
an amended zoning permit.
H.
A zoning permit shall become void if, after six months from the date
of issue, construction has not commenced and been vigorously pursued.
The life of a zoning permit shall be one year from the date of issue.
Permits may be extended for not more than one additional year on large
projects or where the applicant can prove to the Zoning Officer a
hardship exists making it impossible to complete the project in one
year.
I.
The Zoning Officer shall keep records of all applications either
approved or disapproved, including one copy of each permit issued,
shall maintain a journal of his activities, and shall submit an annual
report to Borough Council detailing building activity in the Borough
during the preceding year.
A.
For new uses or expansion of existing uses.
(1)
Upon completion of a commercial, public, semipublic or industrial
building, or a structure containing more than two dwelling units,
or the placing of a mobile home on its foundation, the contractor
or owner shall apply to the Zoning Officer for an occupancy permit.
(2)
The Zoning Officer shall inspect the premises and, if satisfied that
all conditions of the zoning permit have been met, shall issue an
occupancy permit certifying that the premises complies with the provisions
of this chapter and may be used for the purposes set forth on the
permit.
(3)
If the Zoning Officer upon inspection finds the premises to have
been developed in violation of any of the conditions of the zoning
permit, he shall order the violations corrected to conform to the
zoning permit and shall not issue an occupancy permit until satisfied
these corrections have been made. The contractor shall be responsible
for requesting a reinspection after violations have been corrected,
and the Zoning Officer shall not issue an occupancy permit until he
verifies all violations have been corrected.
(4)
It shall be a violation of this chapter for a new structure covered
by this section to be occupied without an occupancy permit first having
been issued.
B.
For changing existing uses.
(1)
If a property owner wishes to change the use of any building, structure or premises, or if a new owner seeks to occupy a property that has been used for commercial or industrial purposes, he shall apply to the Zoning Officer for an occupancy permit. Changes for which an occupancy permit shall be required include addition of a dwelling unit or units in the structure, introduction of a home occupation, conversion of premises to a different commercial or industrial use, or continuation of the use of a commercial or industrial property by a new owner. The Zoning Officer shall first determine that no zoning permit is needed to effect the proposed change, but if so the developer shall proceed as under § 500-40 above.
(2)
If the Zoning Officer is satisfied that such change or addition is
in conformance with all requirements of this chapter, he shall issue
an occupancy permit.
(3)
It shall be the responsibility of the owner of a property to determine
that any persons leasing or subleasing the premises will use them
only for activities permitted by this chapter, and if a use is contemplated
or undertaken by a lessee or sublessee which is not permitted or is
permitted only as a special exception use, it shall be the responsibility
of the owner to either secure permission from the Borough for the
use or to remove the use from the premises.
A.
If the Zoning Officer shall find that any provisions of this chapter
are being violated, he shall notify the owner of the property upon
which such violation is allegedly occurring by certified mail, return
receipt requested, such notice being deemed adequate if persons other
than the owner are perpetrating the alleged violation.
B.
Communications regarding violations shall indicate the nature of
the violation by specific paragraph of this chapter relied on and
shall order the action necessary to correct it.
C.
Such communications shall order the discontinuance of illegal uses
of land or structures or the removal or moving of illegal structures
or additions or alterations thereto, as well as any other action necessary
to assure compliance with or prevent violation of this chapter, and
shall indicate the owner's alternative actions under the terms of
this chapter.
D.
The Zoning Officer shall allow a period, not to exceed 30 days from date of notice, within which a violation shall be corrected. The Zoning Officer shall inspect the site of the violation at the conclusion of the period specified and, if he finds the violation still not corrected, shall revoke the zoning permit and take the owner before a Magisterial District Judge who, if he finds the owner guilty, may assess penalties in accordance with § 500-42E. If the Magisterial District Judge dismisses the charges, the Zoning Officer shall reissue the zoning permit at no cost to the owner.
E.
Continuation of a violation beyond the thirty-day limit without appeal
shall be grounds for civil proceeding. While an appeal is in process,
development shall not continue on the contested portion of the project.
Any person, partnership or corporation who or which has violated any
provision of this chapter or any amendment thereto shall, upon being
found liable therefor in a civil enforcement proceeding brought by
the Borough, pay a judgment of not more than $500 plus all court costs,
including reasonable attorneys' fees incurred by the Borough. No judgment
shall commence or be imposed, levied or payable until the date of
determination of the violation by the Magisterial District Judge.
If the defendant neither pays nor appeals the judgment, the Borough
may enforce the judgment through the Rules of Civil Procedure. Each
day that a violation continues shall constitute a separate violation.
All judgments, costs and reasonable attorneys' fees collected shall
be paid over to the Borough.
[Amended 11-5-1990 by Ord. No. 2-1990]
F.
The owner or tenant of any building, structure, premises or part
thereof, and any architect, engineer, builder, contractor, agent or
other person who commits, participates in, assists in or maintains
a violation may each be found guilty of a separate offense and suffer
the penalties herein provided.
G.
Nothing herein contained shall prevent the Borough from taking such
other lawful action as is necessary to prevent or remedy any violation
or to bring an action to enjoin any violation of this chapter.
H.
The granting of a zoning or occupancy permit shall not constitute
a guarantee of any kind by the Borough or any official or employee
thereof for the safety of any structure from any cause whatever and
shall create no liability against any Borough official or employee
for any structural or other failure that may result therefrom.
A.
A schedule of fees for zoning permits, occupancy permits, sign permits
and applications for petitions to amend this chapter, or to initiate
action on special exception uses, variances, challenges to the validity
of the Zoning Ordinance, or challenges to a decision of the Zoning
Officer before the Zoning Hearing Board shall be established by resolution
of Borough Council, posted conspicuously in the Borough Building,
and subsequently amended only by action of Council.
B.
No permit, certificate, application or variance shall be issued unless
or until such established costs, charges, fees or expenses have been
paid in full; nor shall any actions be taken on proceedings before
the Zoning Hearing Board unless or until preliminary charges and fees
have been paid in full.
A.
An amendment, supplement, change or repeal of this chapter may be
initiated by:
B.
Procedure.
(1)
Upon receipt of a petition from a property owner for an amendment
to this chapter or its map, the Planning Commission shall review the
proposal and submit recommendations, with specific reasons in support
of either adopting the proposal, rejecting it or adopting it with
conditions, to Borough Council not later than the second meeting after
which the Commission officially received the petition.
(2)
The Commission may hold a public hearing, properly noticed, if it
feels the proposal is of such a controversial nature or is so widespread
in its jurisdiction that additional testimony should be gathered.
(3)
Council shall review the Planning Commission's recommendations and
shall call a public hearing, properly noticed, after which Council
shall vote approval or disapproval of the proposed amendment within
90 days of the conclusion of the hearing. At least 30 days prior to
the hearing, the Board shall submit the amendment proposal to the
Westmoreland County Planning Commission for comment.
(4)
When Council proposes an amendment it shall allow the Borough Planning
Commission at least 30 days to review the proposal and submit recommendations
before Council holds a public hearing.
(5)
If a proposed amendment is revised before final approval to include
property not previously affected or to further alter the text, Council
shall hold an additional public hearing before proceeding to vote
on the change.
(6)
The hearing record shall be kept by stenographic or sound recording
and copies may be provided any party to the hearing at cost.
(7)
Appeal from a decision of Borough Council on an amendment proposal
shall be to the County Court of Common Pleas.
(8)
Within 30 days after enactment, a copy of the adopted amendment shall
be forwarded to the County Planning Commission.
[Added 11-5-1990 by Ord.
No. 2-1990]
C.
Public hearing requirements.
(1)
Public notice shall be published in a newspaper of general local
circulation once in each of two consecutive weeks, the first notice
appearing not more than 30 days and the second notice not less than
seven days before the hearing. The notice shall state the date, time
place and purpose of the hearing and a location and times at which
the amendment may be examined before the hearing. If only a summary
of the text is carried in the notice, the newspaper publishing the
notice shall be provided a copy of the full text, and an attested
copy shall be filed in the County Law Library.
[Amended 11-5-1990 by Ord. No. 2-1990]
(2)
A notice shall simultaneously be posted at the Borough Building and
at least one conspicuous location on property or properties to be
affected by the proposal, if it involves the Zoning Map.
[Amended 11-5-1990 by Ord. No. 2-1990]
(3)
Owners of property proposed to be rezoned, and owners of property
within 100 feet of any boundary of a property or properties or portion
of a property for which a change in the zoning district classification
is sought, shall be informed by mail at their addresses of record
by letter sent at least 15 days prior to the hearing, indicating the
date, time and place of the hearing and describing the proposed change.
D.
If Council receives a clearly adverse report from the Borough Planning
Commission or County Planning Commission or, prior to taking a vote
for adoption of a zone district boundary change, is presented with
a petition signed in opposition by owners representing at least 1/2
of the property proposed to be rezoned and by at least 1/2 of the
owners within 100 feet of such property, Council shall adopt the amendment
only by a 2/3 vote of all the Council members.
E.
Curative amendments.
(1)
Landowner curative amendment. A landowner who desires to challenge
on substantive grounds the validity of any portion of this chapter
which prohibits or restricts the use or development of land in which
he has an interest may submit a curative amendment to the Borough
Council. The request shall include a written statement informing Council
of the matters that are in issue and the grounds for the challenge,
the proposed amendment as the landowner wishes it to be adopted, and
proposed plans for development of the land in question that are frustrated
by the existing zoning. Council shall seek comments from the Borough
and Westmoreland County Planning Commissions at least 30 days prior
to a public hearing, which shall be held, with proper public notice,
not later than 60 days after the landowner's request is received at
a regular meeting of Council. A stenographic record of the hearing
shall be kept unless Council and the appellant agree to a tape recording,
and Council shall have the power to administer oaths, issue subpoenas,
compel the attendance of witnesses and production of relevant documents.
The parties may be represented by counsel, which may present evidence
and cross-examine adverse witnesses. The landowner's proposed amendment
shall be considered denied when Council informs the landowner it will
not adopt the amendment, when Council adopts another amendment unacceptable
to the landowner, or when Council fails to act on the landowner's
amendment within 30 days after the public hearing, unless the time
period is extended by mutual consent.
(2)
Municipal curative amendment. Borough Council may by official vote declare any part or all of this chapter invalid and propose to prepare a curative amendment to overcome the invalidity. Within 30 days thereafter, Council by resolution shall specify the portions of the chapter to be cured and shall commence preparation of the amendment. The consideration of the amendment shall include review by the Borough and County Planning Commissions and public hearing before Council, properly noticed as specified in Subsection C. Within 180 days after the declaration of invalidity, Council shall adopt the curative amendment, or reaffirm its Zoning Ordinance as it stood prior to the declaration. While a municipal curative amendment is in process, Council shall not be required to receive any landowner's curative amendment nor shall any rights accrue to a landowner as a result of Council's action relative to a landowner curative amendment. The municipal curative amendment procedure may not be used by Council for at least 36 months after Council's decision on a previous amendment, unless state law compels Council to act sooner.
F.
Rehearing. If a petition for amendment, supplement, change or repeal
of this chapter is denied by Borough Council, another petition for
a similar change shall not be filed within a period of one year from
the date of denial, except upon the initiation of Council and recommendation
of the Planning Commission based upon a change in circumstances which
would warrant a rehearing.
