The provisions of this chapter shall be enforced by a person,
to be appointed by the Board of Supervisors, who shall be known as
the Zoning Officer. The powers and duties of the Zoning Officer are
as authorized by Section 614 of the Pennsylvania Municipalities Planning
Code. The Zoning Officer shall not issue a zoning permit for any purpose,
except in compliance with the literal provisions of this chapter.
The Zoning Officer is authorized to institute civil enforcement proceedings
as a means of enforcement when acting within his/her scope of employment.
A zoning permit indicates that the Zoning Officer has determined
that a zoning applicant complies with this chapter. However, such
reference does not preclude the Township from utilizing a combined
permit form, such as a permit form covering both building and zoning
permits (zoning/building permit), or a specific form covering a particular
matter regulated by this chapter (e.g., sign permit). A zoning permit
is a concurrent requirement; the applicant may also be required to
obtain a Uniform Construction Code construction permit and use and
occupancy permit; a stormwater management permit; a driveway permit;
a well permit; approval of the sewage system by the Sewage Enforcement
Officer; and/or approval of a land development plan.
A. General requirements for zoning permits.
(1)
Actions requiring a zoning permit. A zoning permit shall be
required for any use permitted by right prior to:
(a)
A new or change in use of land or structure;
(b)
The erection or construction, expansion or relocation of a structure
excluding ordinary repair and maintenance (e.g., roof repair);
(c)
The improvement or alteration of any existing structure where
such improvement or portion thereof increases the amount of space
which the structure encloses;
(d)
The alteration or development of any improved or unimproved
real estate, including, but not limited to, mining, dredging, filling,
grading, paving, excavation, or drilling operations, but not including
the tilling of soil associated with agriculture;
(e)
The erection or alteration of any signs specified in Article
VIII as requiring a zoning permit;
(f)
For uses other than a single-family dwelling:
[1] The installation of a new outdoor lighting system,
including the alteration, rehabilitation, or renovation to an existing
outdoor lighting installation which involves the complete replacement
of an existing lighting system with a new lighting system; and
[2] The replacement of an outdoor light fixture that
increases the intensity of the fixture that existed on the effective
date of this chapter.
(2)
Issuance/rejection of application for a zoning permit. Upon
receipt of an application for a zoning permit, the Zoning Officer
shall examine the permit application within a reasonable time after
filing. The Zoning Officer may request review and comment from the
Planning Commission, the Township Engineer, the Township Sewage Enforcement
Officer, the Township UCC Inspector and the Township Solicitor. If
the application fails to comply with the provisions of this chapter
and all pertinent local laws and/or any conditions of approval attached
to the grant of variance or any applicable subdivision and/or land
development approval, the Zoning Officer shall deny such application
in writing, stating the reasons therefore. Should the Zoning Officer
deny the application, he/she shall inform the applicant of his/her
right to appeal to the Zoning Hearing Board. If satisfied that the
proposed work and/or use conforms to the provisions of the chapter,
and all local laws and ordinances applicable thereto and/or any conditions
of approval attached to the grant of a variance or any applicable
subdivision and/or land development approval, the Zoning Officer shall
issue a permit therefore as soon as practical, but not later than
60 days from receipt of a complete application.
(3)
Expiration of permit. The permit shall expire 12 months from
the date of issuance; provided, however, that the same may be extended
by the Zoning Officer every six months for a period not to exceed
an additional year upon the written request by the applicant which
demonstrates good cause for the extension.
[Amended 9-3-2020 by Ord. No. 2020-05]
(4)
Compliance with application and site plan. After issuance of
the zoning permit, all work or uses shall conform to the approved
application and site plan for which the zoning permit has been issued.
The Zoning Officer may accept adjustments in plans and applications
that involve only minor corrections and/or adjustments that do not
substantively deviate from the approved application. No other change
may be made without application to and approval of the Zoning Hearing
Board in the case of variance or special exception or the Board of
Supervisors in the case of a conditional use.
B. Application for a zoning permit.
(1)
An application for zoning permit shall be made on a form adopted
by the Township for such purpose; shall contain a general description
of the proposed work, development, use or occupancy of all parts of
the structure or land; and shall be accompanied by a plot plan in
duplicate, drawn to scale, and showing the following as may be applicable
to the requested permit:
(a)
The actual dimensions and shape of the lot to be built upon;
(b)
The exact size and location on the lot of buildings, structures,
fences, signs, and areas of land use, existing and/or proposed extensions
thereto;
(c)
The number of dwelling units or other units of occupancy (e.g.,
commercial, industrial, institutional, agricultural, accessory uses,
etc.) if any, to be provided;
(d)
The location and proposed surfacing of driveways and access
drives and copies of any highway occupancy permits as required by
local, county and/or state agencies;
(e)
The height of all structures, buildings, and/or signs;
(f)
Setbacks and the distances of buildings and structures from
lot lines and street right-of-way lines;
(g)
Off-street parking and loading areas and access thereto, including
grades and proposed surfacing;
(h)
Outdoor areas devoted to storage of goods, materials and/or
wastes;
(i)
Utility systems affected and proposed, including primary and
backup on-lot and/or public sewage disposal and water supply systems,
including any required permits;
(j)
Alteration or development of any improved or unimproved real
estate;
(l)
Site lighting, including lighting of signs;
(m)
Floor area devoted to each proposed use and unit of occupancy
for both principal and accessory uses;
(o)
Screens, buffer areas, landscaping, erosion control filter strips
and riparian buffers;
(p)
Means of pedestrian access;
(q)
Means and location of solid waste management;
(r)
Written approvals for needed conservation plans, nutrient management
plans and/or erosion and sediment pollution control plans;
(s)
Information relating to any zoning approvals (including conditions
of approval) obtained from the Zoning Hearing Board or the Township
Board of Supervisors;
(t)
Information relating to any land development or subdivision
plan approvals (including conditions of approval);
(u)
Proof of approval from the Pennsylvania Department of Labor
and Industry, when required by such agency;
(v)
Copies of any applicable subdivision/land development plan;
(w)
Workers' compensation certificates;
(x)
Information relating to compliance with Chapter
81, Stormwater Management, Mount Joy Township; and
(y)
All other information necessary for the Zoning Officer to determine
conformance with and provide for enforcement of this chapter.
C. Zoning permit for temporary uses and structures. A zoning permit
for a temporary use or structure may be issued by the Zoning Officer
for any of the following, but only upon submission of a zoning permit
application accompanied by a narrative and plan describing in detail
the proposed use and depicting the location of the use, including
proposed signs and structures, on the lot.
(1)
A zoning permit may be issued for customary, routine and accessory
short-term occasional noncommercial events, provided that:
(a)
Only a well-established nonprofit organization or a permitted
educational institution or place of worship proposing a temporary
use to clearly primarily serve a charitable, public service or religious
purpose shall be eligible to receive approval for commercial-type
activities in a district where a commercial use would not otherwise
be permitted;
(b)
Events shall be limited to a maximum of eight total days per
calendar year;
(c)
An individual event shall be limited to a maximum of two days;
and
(d)
The applicant shall prove to the Zoning Officer that sufficient
parking, traffic control (without obstructing parking that is required
to serve other uses on the site), water supply, and sewage management
will be available for the special event.
(e)
The application includes the following:
[1] The name and address of the person(s) involved
in sponsoring and producing the event;
[2] The owner(s) of the lot on which the event is to
be held;
[3] Identification of the lot on which the use is proposed;
[4] A narrative describing all of the activities proposed
to occur as part of the event and the anticipated number of attendees
or participants;
[5] A site plan showing the lot, structures on the
lot; adjacent streets; adjacent lots and their owner(s) and uses;
arrangement of structures for the event; solid waste collection facilities;
and event parking and lot access;
[6] A statement describing solid waste collection and
removal; sewage management; water supply; emergency services (fire
and medical); crowd control, safety and security. The statement shall
identify the services providers and include proof that the providers
will be able to provide the services. Where the lot proposed for the
use is served by an on-lot septic system, a written determination
from the Township Sewage Enforcement Officer that the on-lot system
is adequately sized and designed to handle the proposed sewage treatment
load is required to be submitted with the application for the zoning
permit;
[7] Proof of general liability insurance naming the
Township as a covered insured in an amount no less than $1,000,000
for an event of 250 or fewer attendees; for each additional 100 persons,
the amount of liability insurance shall be increased by $100,000;
[8] A statement of assumption of liability, in a form
and content approved by the Township Solicitor, obligating the applicant
to pay for any and all damages caused to third persons or property
resulting from the event to the extent the loss is not covered by
the general liability insurance. The Township may require a performance
guarantee assuring that the applicant has sufficient assets to pay
for such damages; and
[9] Proof of notice of the event, by date and description,
delivered to owners of adjacent lots.
(f)
The required application fee shall be submitted with the application.
(g)
An event permit may be denied if it poses a threat to the safety,
health and welfare of the participants or the general public.
(h)
The Zoning Officer's decision on the application shall be reported
to the Board of Supervisors at its next scheduled meeting following
the issuance of the decision.
(2)
Temporary retail sales. Except as provided for in Subsection
E(1)(a) above, and except for accessory agricultural product sales,
a lot shall only be used for temporary retail sales if all of the
following conditions are met:
(a)
The lot is located within a zoning district that permits retail
uses and is presently in lawful retail use.
(b)
No off-street parking spaces required to serve permanent use(s)
on the lot shall be obstructed.
(c)
Any signs advertising the temporary retail sales that are visible
from a public street shall comply with this chapter.
(d)
Any structure for the temporary retail use shall meet applicable
minimum setbacks for the zoning district.
(e)
A zoning permit has been issued for the temporary retail use
and is prominently displayed while the use is open for business.
[Amended 9-3-2020 by Ord. No. 2020-05]
(f)
The application may be rejected if the Zoning Officer has reason
to believe that the activity would obstruct safe sight distances.
(g)
Applicable state highway occupancy permit requirements shall
be met.
(3)
Pop-up other than temporary retail use. Except as provided for in Subsection
C(2)(e) above, a lot shall only be used for a pop-up use (for example, a pop-up use selling food, beverages) if all of the following conditions are met:
(a)
The lot is located within a zoning district that permits the
use and is presently in lawful commercial use.
(b)
No off-street parking spaces required to serve the permanent
use(s) on the lot shall be obstructed.
(c)
Any signs advertising the pop-up visible from a public street
shall comply with this chapter.
(d)
Any structure for the pop-up shall meet applicable minimum setbacks
for the zoning district.
(e)
The application may be rejected if the Zoning Officer has reason
to believe that the activity would obstruct safe sight distances.
(f)
Applicable state highway occupancy permit requirements shall
be met.
(g)
If food or beverages are sold that are not prepackaged, the
applicant shall prove compliance with state health regulations, including
having on-site facilities for workers to wash their hands. Proper
bathroom facilities shall also be available for workers.
Failure to secure a zoning permit prior to establishing a new
use or a change in use of land or structure, or the erection, construction
or alteration of any structure or portion thereof, shall be a violation
of this chapter.
A. Enforcement notice. If the Zoning Officer has reason to believe that
a violation of this chapter has occurred, the Township shall initiate
enforcement proceedings by sending an enforcement notice, as provided
by Section 616 of the Pennsylvania Municipalities Planning Code. At his/her election, the Zoning Officer may provide notice
of the violation and applicable requirements of this chapter to the
lot owner and/or occupant or operator.
(1)
The enforcement notice shall be sent to the owner of record
of the lot on which the violation has occurred. A copy of the enforcement
notice shall be provided:
(a)
To any person who has filed a written request to receive enforcement
notices regarding that parcel;
(b)
To any other person requested, in writing, by the owner of record;
and
(c)
The person known or believed to have violated the Ordinance,
if other than the owner of record.
(2)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against
whom the Township intends to take action.
(b)
The location of the lot in violation.
(c)
The specific violation with a description of the requirements
that have not been met, citing in each instance the applicable provisions
of this chapter.
(d)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth under §
110-1301 of 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.
B. Enforcement penalties. Any person, partnership or corporation who,
or which, has violated or permitted the violation of the provisions
of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township, pay a judgment of
not more than $100 for the first violation, $250 for the second violation
and $500 for the third and any subsequent violations, plus all court
costs, including reasonable attorney fees and any administrative enforcement
expenses (allowed to be recovered by law) incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or be payable until the date of the determination of a violation by
the Magisterial District Justice. If the defendant neither pays, nor
timely appeals the judgment, the Township may enforce the judgment.
Each day that a violation continues shall constitute a separate violation,
unless the Magisterial 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 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 Justice, and thereafter each day that
a violation continues shall constitute a separate violation. All judgments,
costs and reasonable attorneys' fees collected for the violation of
the chapter shall be paid over to the Township.
C. Remedies in law and equity. In case any structure or land is, or
is proposed to be, erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this chapter without a zoning permit
or in a manner that does not comply with a zoning permit or condition
attached to grant of a variance or approval of a conditional use or
special exception, the governing body or, with the approval of the
governing body, an officer of the municipality, in addition to other
remedies, may institute any appropriate action or proceeding to prevent,
restrain, correct, or abate such structure or use of land constituting
a violation.
Except as otherwise required by law, this chapter is intended
as a continuation of, and not a repeal of, existing regulations governing
the subject matter. To the extent that this chapter restates regulations
contained in ordinances previously enacted by the Township, this chapter
shall be considered a restatement and not a repeal of such regulations.
It is the specific intent of the Township Board of Supervisors that
all provisions of this chapter shall be considered in full force and
effect as of the date such regulation was initially enacted. All ordinances
or parts of ordinances inconsistent with the provisions of this chapter
are hereby repealed. It is expressly provided that the provisions
of this chapter shall not affect any act done, contract executed or
liability incurred prior to its effective date, or affect any suit
or prosecution pending or to be instituted to enforce any rights,
rule, regulation or ordinance, or part thereof, or to punish any violation
which occurred under any prior zoning regulation or ordinance. In
the event any violation has occurred under any prior zoning regulation
or ordinance, prosecution may be initiated against the alleged offender
pursuant to the provisions of said prior zoning regulation or ordinance,
and the provisions and penalties provided in said prior zoning regulation
or ordinance shall remain effective as to said violation.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of the
Township that this chapter would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
This chapter shall become effective on the date permitted by
the Second Class Township Code, 53 P.S. § 65101 et seq.,
following its enactment by the Township Board of Supervisors of Mount
Joy Township, County of Adams, Commonwealth of Pennsylvania.