The purpose of this article is to establish procedures for the
administration, enforcement and amendment of this chapter consistent
with the state Planning Code.
A.
The administration, enforcement and amendment of this chapter shall be in accordance with the provisions of Article VI and any other applicable sections of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] hereinafter referred to in this article as the "Planning
Code."
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
There shall be a Zoning Officer who shall be appointed by the Borough
Council and be responsible for the administration and enforcement
of this chapter. Additionally, the Zoning Officer may delegate the
power of enforcement to the Borough Secretary or another qualified
employee of the Borough. All employees engaged in the administration
and enforcement of this chapter shall report to the appropriate Council
committee.
C.
The Zoning Officer shall not hold any elected office in the Borough.
D.
The Zoning Officer shall administer this chapter in accordance with
its literal terms and shall not have the power to permit any construction,
use, or change of use that does not conform to this chapter.
E.
The Zoning Officer may be authorized to institute civil enforcement
proceedings as a means of enforcing this chapter.
F.
Duties. The duties of the Zoning Officer shall include, but not be
limited to, the following:
(1)
The enforcement of all provisions of this chapter and all amendments
thereto.
(2)
The receiving, examination, recording, and filing of all applications
and fees for zoning permits, and the issuance of such permits when
a proposed structure or use conforms to the requirements of this chapter.
(3)
The issuance of permits for uses and construction by special
exception, variance or conditional use only after such uses or buildings
are approved by the Zoning Hearing Board or the Borough Council, in
accordance with the provisions of this chapter. Permits requiring
approval by the Borough Council shall be issued only after receipt
of an authorization from the Council.
(4)
The regular inspection of all public areas of the Borough to
determine if there are any violations of this chapter and to review
the validity of any reported zoning violations. Private property may
be entered with the permission of the property owner or court order.
(5)
The issuance of all necessary stop orders, and order in writing
corrections of all conditions found to be in violation 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.
(6)
The maintenance or initiation and oversight of the maintenance
of a map or maps showing the current zoning classification of all
land in the Borough.
(7)
Upon request of the Council, Planning Commission or Zoning Hearing
Board, the presentation of facts, records and any similar information
to such body on specific requests to assist these bodies in reaching
their decisions.
G.
Appeals from decisions of the Zoning Officer. An appeal from a decision
or action of the Zoning Officer shall be made directly by a party
of interest to the Zoning Hearing Board, and such appeal shall be
made within 30 days after notice of the decision is made, or if no
decision is made, 30 days after the date when a decision is deemed
to have been made, in accordance with the Planning Code, as amended.
H.
Violations.
(1)
Whenever a violation of this chapter is alleged to have occurred,
any person may file a written and signed complaint. Such complaint,
stating fully the causes and basis thereof, shall be filed with the
Zoning Officer who shall record such complaint promptly and immediately
investigate and take action thereon as provided in this chapter.
A.
Enforcement notice. If it appears to the Borough that a violation
of this chapter has occurred, the Borough shall initiate enforcement
proceedings by sending an enforcement notice to the owner of record
of the parcel(s) on which the violation has occurred, to any person
who has filed a written request to receive an enforcement notice regarding
that parcel, and to any other person requested in writing by the owner
of record. An enforcement notice shall include the minimum components
required in Section 616.1(c) of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1(c).
A.
Zoning permits. A zoning permit shall be required prior to the erection,
alteration, extension, or conversion of any building, structure, or
portion thereof, including signs and fences; prior to the use or change
in use of a building or land; and prior to the change or extension
of a nonconforming use or structure.
(1)
Application for zoning permits. Application for zoning permits
shall be made to the Zoning Officer on such forms as may be furnished
by the Borough. Each application shall contain all information necessary
to ascertain whether the proposed erection, alteration, use or change
in use complies with the provisions of this chapter.
(2)
Issuance of zoning permits.
(a)
No building or zoning permit shall be issued until the Zoning
Officer has certified that the proposed building or alteration and
the proposed use of the property comply with the provisions of this
chapter.
(b)
Zoning permits shall be granted or refused within 30 working
days after date of application. In case of refusal the applicant shall
be informed of his right to appeal to the Zoning Hearing Board.
B.
Occupancy permits.
(1)
An occupancy permit shall be deemed to authorize and is required
for both initial and continued occupancy and the use of the building
or land to which it applies. Such a permit shall certify that the
premises have been inspected and comply with all previously approved
plans and conditions or safeguards attached to the issuance of a zoning
permit. It shall also certify that the premises comply with all other
applicable requirements of the Borough. The following shall be unlawful
until an occupancy permit has been applied for and issued by the Zoning
Officer:
(2)
Applications for occupancy permits.
(a)
Applications for an occupancy permit shall be made on forms
furnished by the Borough after the building or part thereof has been
erected, the change in use has been completed, or the land has been
placed in use. In the case of a change in ownership of an existing
residential building, the owner of such a building shall apply for
an occupancy permit upon its sale.
(b)
Applications for occupancy permits shall be accompanied by payment
of the required fee.
(3)
Action of the Zoning Official. The Zoning Officer shall, within
15 days of the application filing, inspect the premises and either
certify their compliance with the previously approved plans and all
conditions and safeguards stated upon issuance of the occupancy permit
or deny such certification. In the case of a change in occupancy or
use of an existing building or vacant land (when no zoning permit
is required), the Zoning Officer shall verify compliance with the
applicable zoning regulations.
If the certification of the occupancy permit form is denied,
the Zoning Officer shall state in writing the reasons for such denial.
C.
Conditional use permits. After review of a conditional use application and its compliance with all applicable provisions of Article XVI and to other applicable provisions of this chapter, the Council shall make a determination on issuing a conditional use permit.
D.
Permits for trailers or other temporary structures.
(1)
Prior to the placement or location of a trailer or other temporary
structure on a site, a permit shall be obtained from the Zoning Officer
as noted above in this section. Such temporary permits shall be effective
for not more than 90 days, and a permit renewal shall be required
where such trailer or other temporary structure shall occupy the property
for a longer period of time.
(2)
Temporary permits shall authorize the placement of temporary
structures for not more than six months in any given calendar year
unless stated elsewhere in this chapter or in circumstances deemed
necessary by the Zoning Officer.
(3)
Nothing in this subsection shall be construed to prohibit the
parking of trailers or recreational vehicles in private driveways
or garages.
E.
Expiration of permits. Permits for the erection, razing, change,
alteration or removal of a building shall be valid or effective for
a period of not more than six months from the date of issuance thereof
and shall thereafter be void, unless the work authorized by such permit
shall have been substantially commenced within that period and continues
with due diligence from that time forward. In no event shall a zoning
permit be construed to authorize the development activities for more
than a three-year period of time, after which time a new permit must
be sought. If, however, the applicant has been delayed in proceeding
with the work for which the permit was granted for reasons beyond
his or her control and demonstrably not due to his or her own negligence,
at the discretion of the Zoning Officer the permit may be renewed
without additional costs to the applicant.
F.
Fees.
(1)
The Parkside Borough Council shall establish from time to time
by resolution, a schedule of fees, charges, expenses and collection
procedures for building, zoning and occupancy permits, sign and fence
permits, special exceptions, conditional use permits, variances, and
appeals, amendments and other matters pertaining to this chapter.
(2)
A schedule of fees shall be posted in the office of the Zoning
Officer and may be altered or amended by the Borough Council only.
(3)
No action shall be taken on any application for a building,
zoning, occupancy or sign permit, or special exception, conditional
use variance, appeal or other similar matter pertaining to this chapter
until all application fees, charges and expenses have been paid in
full.
A.
Power to amend. The regulations, restrictions, boundaries, and requirements
set forth in this chapter may be amended, supplemented, changed, or
repealed by Borough Council by amending this chapter in accordance
with Sections 609, 609.1 and 609.2 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609, 10609.1
and 10609.2.
B.
Procedure for amendment.
(1)
An ordinance amending, supplementing, or changing the district
boundaries (Zoning Map) or the regulations established herein may
be initiated:
(a)
By the Borough Council, upon its own initiative or upon recommendation
of the Planning Commission.
(b)
Upon a petition to the Borough Council signed by the owners
of 50% or more of the frontage of any area, which shall be between
two streets wherein a change of zoning regulations is being sought.
(2)
Before voting on the enactment of an amendment, Borough Council
shall hold a public hearing thereon, pursuant to public notice. If
the proposed amendment involves a map change, notice of said public
hearing shall be conspicuously posted at points deemed sufficient
by the Borough along the tract(s) under consideration at least one
week prior to the hearing. In addition, when a proposed amendment
involves a map change, a mailing shall be sent via first-class mail
to the real estate tax bill addresses of all property within the area
to be rezoned at least 30 days prior to the public hearing date. The
mailing must include at least the date, time and location of the hearing.
(3)
The Borough Council shall submit each proposed zoning amendment,
other than one prepared by the Planning Commission, to the Planning
Commission at least 30 days prior to any hearing which is to be held
on the proposed amendment to provide the Planning Commission with
an opportunity to submit its recommendations prior to final action.
(4)
If, after any public hearing held upon an amendment, the proposed
amendment is revised or further revised to include land previously
not affected by it, Borough Council shall hold another public hearing
as required by law pursuant to public notice before proceeding to
vote on the amendment.
(5)
As required by the Planning Code,[3] a copy of any proposed zoning amendment shall also be
sent to the County Planning Commission at least 30 days prior to any
hearing on the proposed amendment in order to provide the County Planning
Commission an opportunity to submit its recommendations prior to final
action on the amendment.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(7)
Within 30 days after enactment, a copy of the amendment to this
chapter shall be forwarded to the Delaware County Planning Department.
