[Ord. 738, 8/18/2009]
A.
Appointment and Powers of Applicable Zoning Officer.
(1)
For the administration of this Ordinance, an applicable Zoning
Officer, who shall not hold any elective office in any local government,
shall be appointed by the Borough for which it serves.
(2)
The applicable Zoning Officer shall meet the qualifications
established by the Joint Planning Commission and shall be able to
demonstrate to the satisfaction of the Joint Planning Commission a
working knowledge of municipal zoning.
(3)
The applicable Zoning Officer shall administer this Ordinance
in accordance with its literal terms, and shall not have the power
to permit any construction or any use or change of use which does
not conform to this Ordinance.
(4)
The applicable Zoning Officer is hereby authorized to institute
civil enforcement proceedings as a means of enforcement when acting
within the scope of his employment.
B.
If the applicable Zoning Officer shall find that any provisions of
this Ordinance are being violated he shall forward an enforcement
notice to the owner of the lot upon which such violation is occurring.
See § 2000-1500.
C.
Enforcement notices regarding violations shall indicate the nature
of the violation by specific paragraph relied on and shall order the
action necessary to correct it.
D.
Enforcement notices 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 Ordinance and
shall indicate the owner's alternative actions under the terms
of this Ordinance. See § 2000-1500.
E.
The Applicable Zoning Officer shall allow the owner of a lot upon
which a violation of the Ordinance has been noted a period of up to
30 days, at the option of the Applicable Zoning Officer, to carry
out the required action. At the conclusion of the period within which
the owner is obliged to correct the violation he shall be subject
to penalty as required by Section XV, Paragraph B., of this Ordinance,
with each day that the violation remains uncorrected being a separate
penalty. Provided that the zoning officer may require action to come
into compliance to be taken within a period shorter than 30 days if
the zoning officer finds that the ongoing activity that results in
the violation presents an immediate danger to the public health, safety
and welfare. The Applicable Zoning Officer's notice shall indicate
specifically the date on which the owner shall first be subject to
penalty.
[Amended by Ord. No. 780, 8/31/2017]
F.
All questions of interpretation of this Ordinance shall be first
presented to the applicable Zoning Officer, and such questions shall
be considered by the applicable Zoning Hearing Board only on appeal
from the decision of the applicable Zoning Officer.
G.
The applicable 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/her activities, and shall
submit a report annually to each Borough Council.
H.
The Applicable Zoning Officer shall receive and process all requests
for reasonable accommodation under the Fair Housing Amendments Act
or the Americans with Disabilities Act as applicable. Criteria and
procedures for the handling of such requests shall be in accordance
with this Ordinance.
[Amended by Ord. No. 780, 8/31/2017]
[Ord. 738, 8/18/2009]
A.
No building or structure shall be erected, moved, expanded or structurally
altered without a permit for such action having been issued by the
applicable Zoning Officer. Building permits shall be required for
construction of fences, exterior walls and patios, but not for the
installation or paving of walkways or residential driveways when no
earth moving is involved or for erection of small auxiliary structures
less than 100 square feet in floor area and not on a permanent foundation.
Building permits shall be required for the installation or paving
of walkways or residential driveways when earth moving is involved
or for those surfaces that cross public sidewalks. All surfaces shall
be subject to inspection for compliance with applicable Borough concrete
standards.
B.
Applications for building permits shall be made to the applicable
Zoning Officer for the project to be covered by the permit, using
forms supplied by the applicable Zoning Officer. The permit shall
bear the signatures of both the general contractor and the owner of
the project.
(1)
No building permit shall be issued until all other required
permits have been obtained from any other office or agency (local,
regional, State, County, and Federal).
(2)
No building permit shall be issued until the applicable Zoning
Officer determines whether a stormwater management plan is necessary
for the project to be covered by the permit, and if so, finds that
an approved plan meeting the requirements of the applicable Borough's
Subdivision and Land Development Ordinance, or its equivalent, has
been submitted.
C.
Building permit applications shall include the following, in triplicate:
(1)
A site plan of the lot upon which the proposed construction
is to occur, drawn to scale and dimensioned, showing the following
where applicable:
(a)
The boundaries of the lot, indicating dimensions and total area
and names of record of owners of adjoining properties.
(b)
Public streets adjoining the lot indicating right-of-way and
pavement width.
(c)
Public utilities in the streets adjoining the lot and/or in
easements running across the lot identified by type and line size.
(d)
Existing buildings on the lot and approximate location of walls
of buildings or structures within 25 feet of the lot boundaries on
adjacent properties.
(e)
The proposed building or structure, indicating height, and dimensions
between building or structure and all lot boundaries.
(f)
The location of proposed parking and loading areas and drives,
indicating the number of parking spaces.
(g)
The location of proposed signs.
(h)
Topographical information for the area to be developed at no
greater than five-foot contour intervals, showing proposed grade changes
and means of collecting and disposing of stormwater.
(i)
The seal of approval of the State Department of Labor and Industry,
if applicable, or in lieu of such seal, the M.A. number and file number
of the project as carried by the Department.
(2)
A narrative statement indicating:
(a)
The proposed use of the structure to which the permit applies
and the use of other buildings or structures on the lot, if any.
(b)
The number of dwelling units, whether for sale or rent, or commercial
retail or service units if applicable, that the building is designed
to accommodate.
(c)
If the building or structure is part of a larger complex of
buildings or structures to be erected over time on the same lot, an
indication of location and scheduling of future construction.
(d)
If the building or structure is for commercial, industrial or
multi-family residential use, the area of the lot to be occupied on
the ground by the building or structure.
(e)
A statement giving the developer permission to build if the
developer and owner of the land are not the same person or corporation.
(3)
The applicable Zoning Officer may waive portions of these requirements
where interior work or construction not affecting the outside dimensions
of an existing building is involved or no site work is included.
(4)
The applicable Zoning Officer may, to satisfy requirements of
other development ordinances adopted by any of the Tri-Borough Communities,
expand the application form to secure additional information necessary
to assure conformance with such other development ordinances.
(5)
Building plans and specifications as required by the applicable
Borough's Building Code.
D.
If the application is satisfactory, the applicable Zoning Officer
shall inspect the premises where the construction is proposed to occur
and shall be satisfied that the structure will be located as specified
on the application and that construction can take place on the site
without violating this Ordinance or any other Borough or Tri-Borough
ordinance. Upon completing his inspection and finding the application
and premises conforming to this Ordinance, the Zoning Officer shall
approve the application and return one copy of the documents together
with a signed building permit authorizing the applicant to proceed.
E.
If the application is not satisfactory, the applicable Zoning Officer
shall return all but one set of the application documents together
with a letter indicating the specific reasons why the application
cannot be approved and the changes needed to make it acceptable.
F.
The applicable Zoning Officer shall visit the lot whereon the approved
construction is taking place in order to ensure that the work is proceeding
in accordance with the application documents. If new construction
is proposed to occupy a previously open area, the applicable Zoning
Officer may order the owner to have stakes positioned by a registered
surveyor to indicate the lot line and outline of the new construction.
Subsequently the applicable Zoning Officer, depending on the type
of construction proposed, shall visit the site after pouring of foundation
footers, at the conclusion of erection of structural members and rough-in
carpentry, and upon completion of the structure. The applicable Zoning
Officer shall not be denied access to the lot in order to inspect
the construction in progress and may order the work halted pending
appeal to the applicable Zoning Hearing Board or corrected to conform
to the approved application documents.
G.
If an applicant wishes to amend the use, arrangement or construction
of the structure from that shown on the application documents after
such documents are approved, he shall file with the applicable Zoning
Officer an application for a building permit to cover the proposed
amendment. All work shall conform to the approved application documents
for which the permit has been issued and any approved amendments thereto.
H.
A building permit shall become void, if after six months from the
date of issue, construction for which the permit was issued has not
commenced and been vigorously pursued. The life of a building permit
shall be one year from the date of issue. Permits may be extended
for not more than one additional year on large projects for which
the value of the permit is in excess of $100,000, upon request of
the permit holder when the permit is originally issued. To continue
uncompleted construction after the expiration of a building permit,
the permit holder shall apply for a new permit, for which a fee representing
the value of the work to be completed shall be collected. Failure
to renew a permit after expiration shall be a violation of this Ordinance
and subject to penalty under Article XVII of this Ordinance.
[Ord. 738, 8/18/2009]
A.
For new use or expansion of existing uses:
(1)
Upon completion of the entire building or structure for which
a building permit has been issued, the contractor or builder for such
building or structure shall apply to the applicable Zoning Officer
for an occupancy permit.
(2)
The applicable Zoning Officer shall inspect the premises and,
if satisfied that all conditions of the building permit have been
met, shall issue an occupancy permit certifying that the premises
comply with the provisions of this Ordinance and may be used for the
purposes set forth on the building permit.
(3)
If the applicable Zoning Officer upon inspection finds the premises
to have been developed in violation of any of the conditions of the
building permit, he shall order the violations corrected to conform
to the building permit and shall not issue an occupancy permit until
satisfied these corrections have been made. The contractor shall be
responsible for requesting a re-inspection after violations have been
corrected and the applicable Zoning Officer shall not issue an occupancy
permit until all violations have been corrected.
(4)
It shall be a violation of this Ordinance for a new structure
to be occupied without an occupancy permit first having been issued.
B.
For Changing Existing Uses.
(1)
To preserve the character of the Borough's single-family
neighborhoods, in any R-L or R-M Zoning District, no single-family
dwelling unit building shall be converted to a multi-family dwelling
unit building after the date of this Ordinance unless evidence of
said building is existing as a legally operating multi-family dwelling
for 12 consecutive months from the date of the application and said
evidence is provided by the landowner and/or developer to the respective
Borough in a form acceptable to said Borough. The creation of a multi-family
dwelling unit shall only be permitted in a building, new in its entirety,
and where said building is identified as the principal building on
the lot.
(2)
If a lot owner wishes to change the use of any building or structure
on the lot (or properties) he owns, or if a new owner seeks to occupy
a lot that is used for commercial or industrial purposes, he shall
apply to the applicable Zoning Officer for an occupancy permit. The
applicable Zoning Officer shall first determine that no building permit
is needed to effect the proposed change. 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
a use, or continuation of the use of a commercial or industrial lot
by a new owner.
(3)
If the applicable Zoning Officer is satisfied that such change
is in conformance with all requirements of this Ordinance and of other
applicable development ordinances of the Boroughs of Avalon, Bellevue,
Ben Avon, and/or the Tri-Borough Communities, he shall issue an occupancy
permit.
(4)
Applications for occupancy permits for a change of use that
are denied by the applicable Zoning Officer may be appealed to the
applicable Zoning Hearing Board. It shall be the responsibility of
the owner of a lot to determine that any persons leasing or subleasing
the premises will use them only for activities permitted by this Ordinance,
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,
it shall be the responsibility of the owner to either secure permission
from the applicable Borough for the use or to remove the use from
the premises.
[Ord. 738, 8/18/2009]
A.
Certificate of Zoning Compliance.
(1)
It shall be unlawful to use or occupy or permit the use or occupancy
of any building, structure, land or premises, or part thereof, hereafter
created, erected, changed, converted or enlarged in its use and structure
unless a certificate of zoning compliance has been issued by the applicable
Zoning Officer stating that the proposed use of the building structure
or land conforms to the requirements of this Ordinance.
(2)
Every application for an occupancy permit shall be deemed to
be an application for a certificate of zoning compliance.
(3)
No certificate of zoning compliance shall be issued until the
erection, construction or alteration has been completed, or the use
established and inspected and approved by the applicable Zoning Officer
providing that the certificate shall be issued or written notice shall
be given to the applicant stating why a certificate cannot be issued
no later than five days after the applicable Zoning Officer is notified
in writing that the building or premises is ready for occupancy.
(4)
A temporary certificate of zoning compliance may be issued by
the applicable Zoning Officer for a period not to exceed six months
during alteration or partial occupancy of a building pending its completion,
provided that such temporary certificate may require such conditions
and safeguards, such as but not limited to a performance security/guarantee,
to protect the safety of the occupant and the public.
(5)
It shall be unlawful for any owner to sell any building, structure,
land or premises, or part thereof, or interest therein, situated in
the Tri-Borough Communities, unless the owner first delivers to the
purchaser at or prior to the time for settlement a certificate of
zoning compliance indicating the legality of the existing use of the
lot to be sold.
(6)
A certificate of zoning compliance may be revoked or suspended
by the applicable Zoning Officer if he finds that the holder of the
certificate has failed to comply with conditions attached to the issuance
of the certificate, or if he finds that the building or use does not
comply with the requirements of this Ordinance.
(7)
In all cases under this Ordinance a fee shall be charged for
a certificate of zoning compliance. Such fees shall be established
by resolution of the applicable Borough Council.
