[A.O.]
All signs except, those enumerated in §
27-609, Subsection
4A,require a zoning permit in accordance with this Section. No permanent or temporary sign as described in this Chapter shall be erected until a permit therefor has been issued by the Zoning Officer. The Zoning Officer can only issue the permit when such sign complies in every respect with all applicable provisions of this Chapter.
1. The party erecting a sign shall apply for a sign permit.
The Zoning Officer will process the application within one week upon
receipt of the written request to erect a sign and payment of a fee;
provided, the size and nature of the sign is in conformity with the
provisions of this Chapter and all other effective and applicable
ordinances. The Zoning Officer's refusal for a sign permit shall include
a written statement to the applicant citing specific Sections of this
Chapter containing the reasons for denial.
2. The Borough Council will adopt a sign permit fee schedule.
3. An application for a sign permit shall be made on
a form provided by the Zoning Officer. Any additional relevant information
and material may also be required by the Zoning Officer.
4. Permits are valid indefinitely unless the sign is
structurally altered, moved or replaced. A new permit is required
prior to any structural alteration, movement or replacement, and its
issuance by a Zoning Officer can only be made when such signs comply
in every respect with all applicable provisions of this Chapter.
5. Exceptions to permits are as follows:
A. Replacing copy or advertising message on an approved
sign such as a billboard, theater marquee or similar approved sign
device which is specifically designed for the use of replaceable copy.
This provision does not apply to painted lettering, symbols, etc.,
which utilizes a building for the sign surface. Any such sign shall
be considered a new sign and requires a permit.
B. Maintenance, including cleaning and normal repair,
unless a structural change is made.
C. Signs in existence when this Chapter was adopted,
unless they are structurally altered, moved, replaced or painted.
[A.O.]
If an application under this Chapter would also
be regulated by the SALDO, then any permit or approval under this
Chapter shall automatically be conditioned upon compliance with the
SALDO. For example, if an applicant applies for a permit for a single-family
detached dwelling on a proposed new lot, the construction permit for
such dwelling shall not be valid until after the lot is granted final
subdivision and land development approval and the lot is officially
recorded by the Clinton County Recorder of Deeds.
[A.O.]
The Borough Council may, by resolution, establish
fees for the administration of this Chapter. All fees shall be determined
by a schedule that is made available to the general public. The Renovo
Council may reevaluate the fees schedule and make necessary alterations
to it. Such alterations shall not be considered an amendment to this
Chapter and may be adopted at any public meeting of the Borough Council.
[A.O.]
The Borough Council shall hear and decide requests
for conditional use upon application as provided for and following
the procedures set forth in this Section of this Chapter and subject
to all applicable requirements, including but not limited to:
1. General Criteria. Each applicant must demonstrate
compliance with the following:
A. The proposed use shall be consistent with the purpose
and intent of this Chapter.
B. The proposed use shall not detract from the use and
enjoyment of adjoining or nearby properties.
C. The proposed use will not effect a change in the character
of the subject property's neighborhood.
D. Adequate public facilities are available to serve
the proposed use (e.g., schools, fire, police and ambulance protection,
sewer, water, and other utilities, vehicular access, etc.).
E. The proposed use complies with Part
17 of this Chapter regarding flood damage control standards.
F. The proposed use shall comply with those criteria specifically listed in Part
6 of this Chapter. In addition, the proposed use must comply with all other applicable regulations of this Chapter.
G. The proposed use will not substantially impair the
integrity of the Borough Comprehensive Plan.
2. Filing of Conditional Use. In addition to the information
required on the zoning permit application, the conditional use application
must show:
A. Ground floor plans and elevations of proposed structures.
B. Names and addresses of adjoining property owners,
including properties directly across a public right-of-way.
C. A scaled drawing (site plan) of the site with sufficient
detail and accuracy to demonstrate compliance with all applicable
provisions of this Chapter.
D. A written description of the proposed use in sufficient
detail to demonstrate compliance with all applicable provisions of
this Chapter.
3. Referral to Borough Planning Commission. All applications
for a conditional use shall be referred to the Borough Planning Commission
at least 30 days prior to the hearing held upon an application to
provide the Borough Planning Commission an opportunity to submit recommendations.
However, the Borough Council shall meet the time limits for a decision
provided in this Part, regardless of whether the Borough Planning
Commission has provided comments.
4. Conditions. The Borough Council, in approving conditional
use applications, may attach conditions considered necessary to protect
the public welfare and the purposes listed above, including conditions
which are more restrictive than those established for other uses in
the same zone. These conditions shall be enforceable by the Zoning
Officer and failure to comply with such conditions shall constitute
a violation of this Chapter.
5. Site Plan Approval. Any site plan presented in support
of the conditional use shall become an official part of the record
for said conditional use. Approval of any conditional use will also
bind the use in accordance with the submitted site plan; therefore,
should a change in the site plan be required as part of the approval
of the use, the applicant shall revise the site plan prior to the
issuance of a zoning permit. Any subsequent change to the use on the
subject property not reflected on the originally approved site plan
shall require the obtainment of another conditional use approval.
6. Hearing Procedures. The Borough Council shall conduct
the hearing or the Borough Council may appoint any member or an independent
attorney as a hearing officer. The decision, or, where there is no
decision, the findings shall be made by the Borough Council. However,
the appellant or the applicant, as the case may be, in addition to
may, prior to the decision of the hearing, waive decision or findings
by the Borough Council and accept the decision or findings of the
hearing officer as final.
7. Application.
A. All action before the Borough Council shall be initiated
by a written application for hearing, which shall be filed with the
Zoning Officer at least three weeks prior to the meeting at which
time the matter is to be heard along with all maps, plans and text
which may be relevant to the request. All applications shall be made
on forms specified by the Council. No application shall be accepted
unless the same shall be fully and legibly completed and unless all
exhibits and supplemental material required by the application shall
be attached and until all fees required shall have been paid.
B. The Zoning Officer shall transmit the request and
any information received therewith, along with his file on said issue,
forthwith to the Borough Council.
8. Fees. The Borough Council may prescribe reasonable
fees with respect to hearings before the Borough Council. Fees for
said hearings may include compensation for the secretary, notice and
advertising costs and necessary administrative overhead connected
with the hearing. The costs, however, shall not include legal expenses
of the Borough Council, expenses for engineering, architectural or
other technical consultants or expert witness costs.
9. Hearing Schedule. The Borough Council may conduct
hearings and make decisions at any regular or special meeting. In
no instance will a hearing be scheduled later than 60 days from the
date of the applicant's request for a hearing, unless the applicant
has agreed in writing to an extension of time.
10. Notification of Hearing.
A. Whenever a hearing has been scheduled, public notice
shall be given to the general public by means of publication once
each week for two successive weeks in a newspaper of general circulation
within the community. Such notice shall state the time and place of
the hearing and the particular nature of the matter to be considered.
The first publication shall not be more than 30 days and the second
publication shall not be less than seven days prior to the date of
the hearing.
B. Written notice shall be given to the applicant, the
Borough Planning Commission, the Zoning Officer and to any person
who has made timely request for such notice.
C. In addition to the notice provided herein, the Zoning
Officer shall conspicuously post notice of said hearing on the affected
tract of land no less than seven days prior to the date of the hearing.
D. The applicant shall, at least five days prior to the
time appointed for said hearing, give personal notice to all owners
of property within 200 lineal feet of the affected property by either
handing a copy thereof to the said property owner(s) or by leaving
a copy at their usual place of abode or by sending written notification
by certified mail/return receipt requested to the last known address
of the property owner(s). Where the owner(s) are a partnership, service
upon any partner as above provided shall be sufficient, and where
the owner(s) are corporations, service upon any officer as above set
forth shall be sufficient.
11. Conduct of Hearing. The hearing shall be conducted
by the Borough Council. The decision, or where no decision is called
for, the findings, shall be made by the Borough Council; however,
the appellant or the applicant, as the case may be, in addition to
the Borough, may, prior to the decision of the hearing, waive decision
or findings by the Borough Council and accept the decision or findings
of the hearing as final.
A. Order of Hearing.
(2)
Chairman's statement of reason for hearing.
(3)
Chairman's statement of parties to hearing.
(4)
Identification of other parties wishing to be
heard.
(5)
Outline of procedures to be followed during
hearing.
(6)
Applicant's presentation of their case.
(a)
Objectors cross-examine applicant's witnesses.
(b)
Borough Council cross-examines applicant's witnesses.
(7)
Statement of the Zoning Officer.
(a)
Applicant's cross-examination.
(b)
Objector's cross-examination.
(c)
Borough Council's cross-examination.
(8)
Objector's presentation of their case.
(a)
Applicant cross-examines objector's witnesses.
(b)
Borough Council cross-examines objector's witnesses.
(9)
Other testimony and evidence.
(12)
Concluding remarks and notice of when decision
is expected to be made.
B. Record. The Borough Council shall keep a stenographic
record of the proceedings. The appearance fee for a stenographer shall
be shared equally by the applicant and the Borough Council. A transcript
of the proceedings and copies of graphic or written material received
in evidence shall be made available to any party at cost. The cost
of the original transcript shall be paid by the Borough Council if
the transcript is ordered by the Borough Council or shall be paid
by the person appealing from the decision of the Borough Council if
such appeal is made, and in either event the cost of additional copies
shall be paid by the person requesting such copy or copies. In other
cases, the party requesting the original transcript shall bear the
cost thereof.
C. Parties. The parties to the hearing shall be any person
affected by the application who has made timely appearance of record
before the Borough Council and any other person, including civic or
community organizations permitted to appear by the Borough Council.
All persons who wish to be considered parties shall enter appearances,
in writing, on forms provided by the Borough Council for that purpose.
Persons aggrieved shall not be denied standing because they do not
reside nor have a property interest within the municipal boundaries.
D. Representation. All parties shall have the right to
be represented by counsel and shall be afforded the opportunity to
respond and present evidence and argument, and to cross-examine adverse
witnesses on all relevant issues.
E. Witnesses. All witnesses shall testify under oath.
The chairman or acting chairman of the Council presiding shall have
power to administer oaths and issue subpoenas to compel the attendance
of witnesses and the production of relevant documents and papers,
including witnesses and documents requested by the parties.
F. Evidence. The Borough Council shall not be bound by
strict rules of evidence, but it may exclude irrelevant, immaterial,
incompetent or unduly repetitious testimony or evidence. The Chairman
shall rule on all questions relating to the admissibility of evidence,
which may be overruled by a majority of the Borough Council.
G. Communication. The Borough Council shall not communicate,
directly or indirectly, with any party or his representatives in connection
with any issue involved, except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda or other materials, except advice from the
Borough Solicitor, unless the parties are afforded an opportunity
to contest the material so noticed and shall not inspect the site
or its surroundings after the commencement of hearings with any party
or his representative unless all parties are given an opportunity
to be present.
H. Decisions.
(1)
The Borough Council shall render a written decision,
or when no decision is called for, make written findings within 45
days after the last hearing before the Borough Council. Where the
application is contested or denied, each decision shall be accompanied
by findings of fact and conclusions based thereon together with reasons
therefor. Conclusions based on any provisions of this Chapter or the
MPC shall contain a reference to the provision relied on and the reasons
why the conclusion is deemed appropriate in the light of the facts
found.
(2)
The Borough Council shall conduct its deliberations
and vote on all matters in public session at the meeting in which
evidence is concluded. If additional time for deliberation is necessary,
the Borough Council shall reschedule the deliberations to a date within
the allotted forty-five-day time limit.
(3)
All matters shall be decided by a roll-call
vote. Decisions on any matter before the Borough Council shall require
the affirmative vote of those present and voting unless otherwise
specified herein.
(4)
No member of the Borough Council shall sit in
hearing or vote on any matter in which he is personally or financially
interested. Said member shall not be counted by the Borough Council
in establishing the quorum for such matters.
(5)
No member of the Borough Council shall vote
on the adjudication of any matter unless he has attended the public
hearing thereon.
(6)
A tie vote shall be considered a rejection of
the application under consideration. However, if a person aggrieved
has appealed the grant of a permit or approval, a tie vote upholds
the prior approval.
(7)
A copy of the final decision or, where no decision
is called for, of the findings shall be delivered to the applicant
personally or mailed to him not later than the next business day following
its date. To all other persons who have filed their name and address
with the Council not later than the last day of the hearing, the Borough
Council shall provide, by mail or otherwise, brief notice of the decision
or findings and a statement of the place at which the full decision
or findings may be examined.
I. Continuances. On its own motion, or by any party to
the proceeding or on approval of requests by applicant, appellants
or their authorized agents, the Borough Council may provide for continuances
of cases on which hearings have begun. Such continuances shall be
permitted only for good cause, stated in the motion and, unless time
and place is stated, shall require new public notice, with fees paid
by applicants or appellants if continuances are at their request or
result from their actions. A notice of the place, date and time of
the continued hearing shall also be posted prominently at the municipal
office where the hearing will be continued.
J. Failure to Hold Hearing or Render Decision. Where
the Borough Council fails to render a decision within the period required,
or fails to hold a hearing within the period required, the decision
shall be deemed to have been rendered in favor of the applicant unless
otherwise specified in the MPC. However, failure to act on a validity
challenge results in a deemed denial. When a decision has been rendered
in favor of the applicant because of the failure of the Borough Council
to meet or render a decision, the Borough Council shall give public
notice of deemed approval within 10 days from the last day it could
have met to render a decision in the same manner as in Subsection
1H hereinabove.
12. Time Limitation. If a conditional use is granted,
the necessary permit shall be secured and the authorized action begun
within two years after the date when the conditional use is finally
granted, and the building or alteration, as the case may be, shall
be completed within three years of said date. For good cause, the
Council may, at any time, upon application in writing, extend either
of these deadlines.