[Ord. 8811-14, 11/18/1988, § 215-86]
1. Zoning Permits. Where required to meet the provisions of this chapter
for the erection, enlargement, addition, placement, moving, or demolition
of any structure, including patios, walkways, driveways and similar
structures, a zoning permit must be obtained from the Zoning Officer.
A zoning permit expires six months from the date of issuance unless
the work specified in the application shall have been begun within
that time.
[Amended by Ord. 2013-11-1, 11/11/2013]
A. The permit application must be accompanied by a site plan showing,
as necessary to demonstrate conformity to this chapter:
(1)
Lot: the location and dimensions of the lot.
(2)
Streets: names and widths of abutting streets and highways.
(3)
Structures and yards: locations, dimensions, and uses of existing
and proposed structures and yards on the lot and, as practical, of
any existing structures within 100 feet of the proposed structure
but off the lot.
(4)
Improvements: proposed off-street parking and location areas,
access drives and walks; and proposed sewage disposal system. For
lots less than 1/2 acre, the site plan must be at the scale of one
inch equals 20 feet; for larger lots, the site plan must be at a scale
of one inch equals 40 feet. The North point must be shown on all site
plans.
B. Final Plans. All structures requiring stamped state approval must
be approved by the Department of Labor and Industry prior to issuance
of a zoning permit.
2. Uses Certificates for New or Changed Uses of a Structure or Land.
A use certificate, certifying compliance with this chapter, must be
obtained from the Zoning Officer for any new structure as below or
for any change of use of a structure or land as set forth below before
such new structure or use or change of use is occupied or established.
A. Uses of a structure erected, structurally altered or extended or
moved after January 1, 1964.
B. Use of vacant land except for agricultural purposes.
C. Any change in a conforming use of a structure or land.
D. Any change from a nonconforming use of a structure or land to a conforming
use.
3. Any change in the use of a structure or land from that permitted
by any variance of the Zoning Hearing Board. The applications for
a use certificate must include a statement of the intended use and
any existing use of the structure or land. The certificate continues
in effect as long as the use of the structure or land for which it
is granted conforms with this chapter or until change of occupancy.
4. Use Certificate for an Existing Use. An owner may, in writing, request
the Zoning Officer to issue a use certificate for any structure or
land existing on January 1, 1964, or on the effective date of any
amendment, and at that time in conformity with this chapter.
5. Temporary Permits; Application. A person may request a temporary special exception for a nonconforming structure or use which is or will be seasonal or is or will be in the public interest. (See §
27-504, Subsection
2.)
[Ord. 8811-14, 11/18/1988, § 215-87]
A zoning permit or other permit or authorization issued or approved
in violation of the provisions of this chapter is void without the
necessity of any proceedings for revocation. Any work undertaken or
use established pursuant to such a permit or other authorization is
unlawful. No action may be taken by a board, agency, or employee of
the Borough purporting to validate such a violation.
[Ord. 8811-14, 11/18/1988, § 215-88; as amended
by Ord. 924-5, 4/8/1992, § 7]
1. Appointment; Powers and Duties.
A. For the administration of this chapter, a Zoning Officer, who shall
not hold any elective office in the Borough, shall be appointed by
the Borough Council. The Zoning Officer shall meet qualifications
established by the Borough and shall be able to demonstrate to the
satisfaction of the Borough a working knowledge of municipal zoning.
The Zoning Officer shall administer this chapter in accordance with
its literal terms, and shall not have the power to permit any construction
or any use for change of use which does not conform to this chapter.
The Zoning Officer shall have authority to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment.
B. The Zoning Officer shall identify and register nonconforming uses,
structures, and lots, together with the reasons why he has identified
them as nonconforming.
C. The Zoning Officer and Codes Enforcement Officer shall be the enforcement
officers for this chapter. They shall issue all zoning permits and
use certificates and, at the direction of the Zoning Hearing Board,
special exceptions and variances. The Zoning Officer and Codes Enforcement
Officer may, with the consent of the owner of each property involved,
conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter.
2. Forms. The Zoning Officer must provide a form or forms prepared by
the Borough Solicitor for:
F. Registration of nonconforming uses, structures, and lots.
3. Transmittal of Papers. Upon receipt of an application for a special
exception, variance, or a notice of appeal, the Zoning Officer must
transmit to the Secretary of the Zoning Hearing Board and to the Borough
Planning Commission copies of all papers constituting the record upon
the special exception, variance, or appeal.
4. Stopping a Stay of Proceedings. Where the Zoning Officer believes that a stay of Borough proceedings in furtherance of an action appealed from will cause imminent peril of life and property, the Zoning Officer may issue a cease and desist order to be complied with in five days and certify this opinion to the Zoning Hearing Board, citing the reasons. (See §
27-709.)
5. Action on Zoning Permits. Within 10 days, except for holidays, after receipt of an application for a zoning permit, the Zoning Officer must grant or refuse the permit. If the application conforms to the applicable requirements of Chapter
5, "Code Enforcement." Zoning permits, and this chapter, the Zoning Officer must grant a permit. If the permit is not granted, he must state, in writing, the grounds his refusal.
6. Action on Use Certificates. Within 10 days, except for holidays,
after receipt of an application for a use certificate, the Zoning
Officer must grant or refuse the certificate. If the specifications
and intended use conform in all respects with the provisions of this
chapter, he must issue a certificate to that effect. Otherwise, he
must state, in writing, the grounds of his refusal.
7. Action on Certificates of Nonconformity. Upon request, the Zoning
Officer may certify the nature and extent of a nonconformity existing
on the effective date of this chapter or any amendment thereto.
8. Upon determining that a violation of any of the provisions of this
chapter exists, the Zoning Officer may initiate civil enforcement
proceedings. To initiate a civil enforcement proceeding, the Zoning
Officer must send an enforcement notice 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. An enforcement notice shall state at least the following:
[Amended by Ord. 2015-11-3, 11/9/2015]
A. The name of the owner of record and any other person against whom
the municipality 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
(within 15 days of issuance of notice) and the date before which the
steps must be completed (within 45 days of issuance of notice).
E. That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within 15 days 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.
9. Records.
A. The Zoning Officer must keep record of:
(1)
All applications for zoning permits, use certificates, special
exceptions, and variances and all actions taken on them, together
with any conditions imposed by the Zoning Hearing Board.
(2)
All complaints or violations of provisions of this chapter and
the action taken on them.
(4)
All nonconforming uses, structures, and lots. The record must
indicate the type of nonconformity, its location, ownership, and any
changes in the use, structure, or lot.
B. All such records and plans shall be available for public inspection.
10. Reports. At intervals not greater than six months, the Zoning Officer
must report to the Borough Council:
A. The number of zoning permits and use certificates issued.
B. The number of complaints or violations received and the action taken
on these complaints.
[Ord. 8811-14, 11/18/1988, § 215-89]
1. Parking, Loading, Access Drives. Wherever parking areas or other vehicular areas will abut a public street, the Borough Engineer must approve the device used to preclude traffic from entering at will or backing upon the public street. (See §
27-410, Subsection
5.) Where parking areas are for more than five vehicles, he must set forth specifications for the paving. (See §
27-410, Subsection
6.) For commercial and industrial uses and structures, the Engineer must approve all parking areas, loading areas and access drives. (For access drives opening onto a state highway, a state highway occupancy permit must also be secured from the Pennsylvania Department of Transportation).
2. Drainage upon Streets. The Borough Engineer must review site plans or other data showing grades for buildings and driveways to see whether the grades will give proper surface water drainage upon adjoining streets. (See §
27-414, Subsection
3.) Depending on this factor, he must approve or disapprove the grades.
3. Obstructions to Drainage. Where damming, filling, relocating, or otherwise interfering with the natural flow of a watercourse is proposed, the Borough Engineer must review plans for the obstruction and approve or disapprove them depending upon whether the obstruction would interfere with proper drainage of the area. (See §
27-414, Subsection
5.)
4. Zoning Hearing Board Cases. Where the exercise of the above powers
and duties involves an application or appeal to the Zoning Hearing
Board, the Borough Engineer shall make recommendations to the Board.
The approving authority in such cases shall be the Zoning Hearing
Board.
[Ord. 8811-14, 11/18/1988, § 215-90; as amended
by Ord. 924-5, 4/8/1992, § 8]
1. Special Exceptions. Within 30 days of receiving an application for
a special exception, the Planning Commission must give a written record
on it to the Zoning Hearing Board. The Commission is governed by the
same standards as the Board in making its recommendations plus its
special knowledge garnered from planning for the Borough.
2. Variance. Within 30 days of receiving an application for a variance
from the Zoning Hearing Board, the Planning Commission must give a
written report on it to the Board. The Commission is governed by the
same standards as the Board in making its recommendation plus its
special knowledge garnered from planning for the Borough.
3. Amendments. The Planning Commission may recommend to Borough Council
amendments to any of the regulations or other provisions contained
in this chapter. In the case of amendments submitted to Council by
sources other than the Planning Commission, the Planning Commission
must be given an opportunity to review every such proposed amendment
and submit its recommendations to Council. For that purpose, Council
shall submit every such proposed amendment to the Planning Commission
sufficiently in advance of the date of Council's hearing on the
proposed amendment, as to provide the Planning Commission with at
least 30 days in which to review the proposed amendment and submit
its recommendations.
4. Screens Where C and I Zones Abut R-T or R-O Zones. In reviewing plans for fences or hedges where a C or I Zone abuts a residential zone, the Planning Commission must accept or refuse plans, depending on their adequacy for this purpose. (See §
27-413, Subsection 1A.)
[Ord. 8811-14, 11/18/1988, § 215-91]
The regulations contained in this chapter are the minimum standards
for the protection of the public welfare. When special circumstances
warrant, the Borough may impose stricter standards.
[Ord. 8811-14, 11/18/1988, § 215-92; as amended
by Ord. 924-5, 4/8/1992, § 9]
1. The Borough Council may from time to time amend, supplement or repeal
any of the regulations and provisions of this chapter.
2. Before voting on the enactment of an amendment, the Borough Council
shall hold a public hearing thereon, pursuant to public notice. In
addition, if the proposed amendment involves a zoning map change,
notice of said public hearing shall be conspicuously posted by the
Borough as deemed sufficient by the Borough along the perimeter of
the tract to notify potentially interested citizens. The affected
tract or area shall be posted at least one week prior to the date
of the hearing. In case of an amendment other than that prepared by
the planning agency, Council shall submit every such amendment to
the planning agency at least 30 days prior to the hearing on such
proposed amendment to provide the planning agency an opportunity to
submit recommendations. If, after any public hearing upon an amendment,
the proposed amendment is changed substantially, or is revised, to
include land not previously affected by it, the Borough Council shall
hold another public hearing, pursuant to public notice, before proceeding
to vote on the amendment. At least 30 days prior to a public hearing
on an amendment by Borough Council, the Borough shall submit the proposed
amendment to County Planning Commission for recommendations. Within
30 days after enactment of an amendment, a copy of the amendment shall
be forwarded by the Borough Council to the County Planning Commission.
[Ord. 8811-14, 11/18/1988, § 215-93]
The Borough Council shall by resolution establish fees for all
applications, permits, or appeals provided for by this chapter to
defray the costs of advertising, mailing notices, processing, inspecting,
and copying applications, permits, and use certificates. The fee schedule
shall be available from the Zoning Officer or Borough Secretary for
inspection.
[Ord. 8811-14, 11/18/1988, § 215-94; as amended
by Ord. 924-5, 4/8/1992, § 10]
Appeals shall be governed by pertinent provisions of the Municipalities
Planning Code, 53 P.S. § 10101 et seq. (Exclusive jurisdiction
to here and render final adjudications in specified land use matters
is granted to the Zoning Hearing Board by certain clauses of § 909.1
of the Municipalities Planning Code, 53 P.S. § 10909.1,
and to the Borough Council, or the planning agency if designated to
do so, by § 909.1(b) Article X-A of the Municipalities Planning
Code, 53 P.S. § 10909.1(b), relating to appeals to court,
sets forth the procedures that constitute the exclusive mode for securing
review of any decision rendered pursuant to Article IX of the Municipalities
Planning Code, or deemed to have been made under that Act. Appeals
from land use decisions made pursuant to Article IX of the Municipalities
Planning Code are to be taken to the Court of Common Pleas of the
19th Judicial District, York County.)
[Ord. 8811-14, 11/18/1988, § 215-95]
Where this chapter in any way imposes greater restrictions than
are required by other rules, regulations, or permits or by easements,
covenants, or agreements, the provisions of this chapter govern.
[Ord. 8811-14, 11/18/1988, § 215-96]
The provisions of this chapter shall be held to be minimum requirements
to meet the purposes of this chapter. When provisions of this chapter
impose greater restrictions than those of any statute, other ordinance
or regulations, the provisions of this chapter shall prevail. When
provisions of any statute, other ordinance, or regulation impose greater
restrictions than those of this chapter, the provisions of such statute,
ordinance, or regulation shall prevail.
[Ord. 8811-14, 11/18/1988, § 215-97; as amended
by Ord. 924-5, 4/8/1992, § 11]
1. Any person, partnership, or corporation who or which violates or
permits the violation of any provision 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
magisterial district judge. 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 magisterial
district judge determining that there has been a violation further
determines that there was good faith basis for the person, partnership,
or corporation violating this 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 magisterial district judge,
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 for enforcement pursuant to this section.