A.
Building permits. Where required by the Dallastown Borough Building
Permit Ordinance[1] for the erection, enlargement, repair, alteration, moving
or demolition of any structure, a building permit must be obtained
from the Zoning Officer. The permit application must be accompanied
by a site plan 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 loading areas, access
drives and walks; proposed sewage disposal system, water supply system
and other utilities.
B.
Use certificates. 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.
(1)
Use of a building or structure erected, structurally altered or extended
or moved after the effective date of this chapter.
(2)
Use of vacant land except for horticultural purposes.
(3)
Any change in a conforming use of a building or structure or land.
(4)
Any change from a nonconforming use of a building or structure or
land to a conforming use.
(5)
Any change in the use of a building or structure or land from that
permitted by any variance of the Zoning Hearing Board.
(6)
Temporary garage, yard, attic, barn or similar types of sales. The
application 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.
C.
Use certificate for an existing use. An owner may, in writing, request
the Zoning Officer to issue a use certificate for any existing structure
or land, after the effective date of this chapter or on the effective
date of any amendment and at that time in conformity with this chapter.
D.
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.
A.
Appointment and powers.
(1)
For the administration of this chapter, a Zoning Officer, who may
not hold any elective office in the Borough, shall be appointed by
the Borough Council. The Zoning Officer shall meet the 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 or change of use which does not conform to this chapter.
(2)
The Zoning Officer is the enforcement officer for this chapter. He
issues all building permits, use certificates and, at the direction
of the Zoning Hearing Board, special exceptions and variances. The
Zoning Officer may conduct inspections and surveys to determine compliance
or noncompliance with the terms of this chapter with consent of the
owner. The Zoning Officer may identify and register nonconforming
uses and nonconforming structures together with the reasons why they
were identified as nonconformities.
C.
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.
D.
Action on building permits. Within 15 days, except for holidays,
after receipt of an application for a building permit, the Zoning
Officer must grant or refuse the permit. If the application conforms
to the applicable requirements of the Building Permit Ordinance[1] and this chapter, the Zoning Officer must grant a permit.
If the permit is not granted, he must state in writing the grounds
of his refusal.
E.
Action on use certificates. Within 15 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.
F.
Revoking permits/approvals. The Zoning Officer shall revoke a permit
or approval issued under the provisions of this chapter in the case
of any false statement or misrepresentation of a fact in an application
or on the plans on which the permit or approval was based. Any permit
issued in error shall in no case be construed as waiving any provision
of this chapter and such permit may be revoked.
G.
Enforcement. 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:
(1)
The name of the owner of record and any other person against whom
the Borough intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements which
have not been met, citing in each instances the applicable provisions
of this chapter.
(4)
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).
H.
Records.
(1)
The Zoning Officer must keep record of:
(a)
All applications for building permits, use certificates, special
exceptions and variances and all actions taken on them, together with
any conditions imposed by the Zoning Hearing Board.
(b)
All complaints of violations of provisions of this chapter and
the action taken on them.
(c)
All plans submitted.
(d)
Nonconforming uses and nonconforming buildings and structures.
The record must indicate the type of nonconformity, its location,
ownership and any changes in the structure or use.
(2)
All such records and plans shall be available for public inspection.
A.
The Borough Council may from time to time amend, supplement or repeal
any of the regulations and provisions of this chapter.
B.
Public hearing(s). Before voting on the enactment of an amendment,
the Borough Council shall hold a public hearing thereon, pursuant
to public notice. In the case of an amendment other than that prepared
by the Borough Planning Commission, the Borough Council shall submit
each such amendment to the Borough Planning Commission at least 30
days prior to the hearing on such proposed amendment to provide the
Planning Commission an opportunity to submit recommendations. If after
any public hearing held upon an amendment the proposed amendment is
changed substantially or is revised to include land previously not
affected by it, the Borough Council shall hold another public hearing,
pursuant to public notice, before proceeding to vote on the amendment.
C.
County Planning Commission review. At least 30 days prior to the
hearing on any amendment by the Borough Council, the Borough shall
submit the proposed amendment to the County Planning Commission for
recommendations.
D.
Amendments involving Zoning Map changes. If the proposed amendment
involves a Zoning Map change, notice of the required public hearing
shall be conspicuously posted 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 addition, written notice of the hearing shall be
sent to the property owner and all adjoining property owners.
E.
Enactment of amendments.
(1)
Proposed amendments shall not be enacted unless notice of proposed
enactment is given in the manner set forth in this section and shall
include the time and place of the meeting at which passage will be
considered, a reference to a place within the Borough where copies
of the proposed amendment may be examined without charge or obtained
for a charge not greater than the cost thereof. The Borough Council
shall publish the proposed amendment once in one newspaper of general
circulation in the Borough not more than 60 days nor less than seven
days prior to passage. Publication of the proposed amendment shall
include either the full text thereof or the title and a brief summary,
prepared by the Borough Solicitor and setting forth all the provisions
in reasonable detail. If the full text is not advertised, then a copy
thereof shall be supplied to the newspaper in general circulation
in the Borough at the time the public notice is published and an attested
copy of the proposed ordinance shall be filed in the County Law Library
or other county offices designated by the County Commissioners, who
may impose a fee no greater than that necessary to cover the actual
costs of storing the ordinance.
(2)
In the event that substantial amendments are made in the proposed
amendment, before voting upon enactment, the Borough shall, at least
10 days prior to enactment, readvertise in one newspaper of general
circulation in the Borough a brief summary setting forth all the provisions
in reasonable detail, together with a summary of the amendments.
(3)
Within 30 days after enactment of any amendment to the Zoning Ordinance,
a copy of the amendment shall be forwarded to the County Planning
Commission.
F.
Landowner curative amendments. A landowner who desires to challenge
on substantive grounds the validity of an ordinance or map or any
provision thereof 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 with a written request that his challenge and
proposed amendment be heard and decided as provided in Sections 609.1
and 916.1 of the Pennsylvania Municipalities Planning Code, as reenacted
and amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1.
G.
Municipal curative amendments. If the Borough determines that its
Zoning Ordinance or any portion thereof is substantially invalid,
the Borough shall declare, by formal action, its Zoning Ordinance
or portions thereof substantially invalid and propose to prepare a
curative amendment to overcome such invalidity as provided for and
in accordance with the procedures set forth in Section 609.2 of the
Pennsylvania Municipalities Planning Code, as reenacted and amended.[2]
[2]
Editor's Note: See 53 P.S. § 10609.2.
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 at the Borough Office for inspection.
Any person aggrieved or affected by a provision of this chapter
or decision of the Zoning Officer, Borough Engineer, Zoning Hearing
Board or Borough Council may appeal in the manner set forth in either
Article IX or X-A of the Pennsylvania Municipalities Planning Code,
as reenacted and amended,[1] whichever is applicable.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
All Borough ordinances or parts thereof in conflict with this
Zoning Ordinance or inconsistent with the provisions of this chapter
are hereby repealed to the extent necessary to give this chapter full
force and effect.
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 regulation, 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.
In case any building, structure, landscaping or land is or is
proposed to be erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this chapter, the Borough Council
or, with approval of the Borough Council, an officer of the Borough
or any aggrieved owner or tenant of real property who shows that his
property or person will be substantially affected by the alleged violation
may institute any appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure or land or to prevent, in
or about such premises, any act, conduct, business or use constituting
a violation. When any such action is instituted by a landowner or
tenant, notice of that action shall be served upon the Borough Council
at least 30 days prior to the time the action is begun by serving
a copy of the complaint on the Borough. No such action may be maintained
until such notice has been given.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of a 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
District Justice. 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 District Justice
determining that there has been a violation further determines that
there was a good faith basis for the person, partnership or corporation
violating this chapter to have believed that there was not 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.
B.
All judgments, costs and reasonable attorney fees collected for the
violation of this chapter shall be paid over to the Borough.
