A.
Appointment. For the administration of this chapter, a Zoning Officer,
who shall not hold any elective office in Springdale Borough, shall
be appointed. The Zoning Officer shall meet all qualifications established
by Borough Council, and shall be able to demonstrate 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, use or change of use which does not conform
to this chapter. The Zoning Officer shall be responsible for enforcement
of this chapter.
B.
Duties of the Zoning Officer. In order to administer and properly
enforce this chapter, the Zoning Officer shall:
(1)
Receive and review all applications for building permits and occupancy permits and maintain records thereof. Forward to the Planning Commission and Borough Council all subdivision plans in accordance with Chapter 410, Subdivision and Land Development.
(2)
Receive, file and forward to the Planning Commission and Borough
Council all applications for conditional uses and maintain records
thereof.
(3)
Issue building permits and occupancy permits for all applications
that have been reviewed and approved according to the provisions of
this chapter and other applicable ordinances.
(4)
Receive, file and forward to the Zoning Hearing Board the records
in all appeals, and all applications for variances and changes of
nonconforming uses, and maintain records thereof.
(5)
Inspect buildings, structures and uses of land to determine compliance
with the provisions of this chapter.
(6)
Issue enforcement notices for violation of any provision of this
chapter 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 of the parcel. The enforcement
notice shall state, at least, the following:
(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 this chapter;
(d)
The date before which 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 30 days of receipt of the enforcement
notice pursuant to the procedures set forth in the chapter;
(f)
That failure to comply with the enforcement notice within the
time specified, unless extended by appeal to the Zoning Hearing Board,
constitutes a violation, with possible sanctions clearly described.
(7)
Initiate civil enforcement proceedings for failure to comply with
enforcement notices at the direction of Borough Council.
(8)
Institute, at the direction of Borough Council, appropriate equitable
enforcement action to prevent, restrain, abate, or correct any violation
of this chapter.
(9)
Revoke any order or building or occupancy permit issued under a mistake
of fact or contrary to the provisions of this chapter.
(10)
The Zoning Officer may make and maintain accurate and current
records of all legal nonconformities under this chapter.
No building or structure shall be constructed, reconstructed,
altered or extended until a building permit authorizing such construction,
reconstruction, alteration or extension shall first have been applied
for, obtained, and issued. A building permit shall not be required
for maintenance, repairs and minor alterations to existing structures
which do not affect the size or use of the structure. Application
for building permits may be made by the owner or the contractor to
the Zoning Officer on printed forms to be furnished by the Zoning
Officer. Said application form shall be accompanied by the proper
fee as established by the Borough Council and shall contain accurate
information as to the size and location of the lot, the size and location
of the buildings and structures on the lot, the dimensions of all
yards and open spaces, and such other information as may be necessary
to provide for the enforcement of this chapter. A file of all applications
and permits shall be kept in the office of the Zoning Officer, and
a duplicate copy of the building permit shall be kept at the building
site at all times during construction. Any building or construction
permit shall become null and void after six months unless substantial
construction under said permit has been started. All buildings or
structures for which permits have been issued must be completed within
two years.
No building shall be occupied, nor any use of land made, until
an occupancy permit has been applied for, obtained and issued. No
occupancy permit shall be issued until the premises have been inspected
by the Zoning Officer and such premises are found to be in conformity
with all ordinances, resolutions and other regulations of the Borough.
A new occupancy permit shall be required prior to any change in the
use or occupancy of a building or land, including a sale or lease
of all of part of a building or land. The Borough shall not issue
a no-lien letter in connection with the sale of any property in the
Borough until an occupancy permit in connection with the sale is obtained.
The Borough shall not furnish water service to any new occupant of
the property until a new occupancy permit is obtained. A fee shall
be paid by each applicant prior to issuance of an occupancy permit.
Borough Council shall establish, from time to time, fees and
charges for all permits and applications required by this article.
All fees and charges shall be adopted by resolution of Borough Council
at any regular or special meeting.
A.
Duties of the Planning Commission.
(1)
Prepare and make recommendations to Borough Council on proposed amendments
to this chapter and the Zoning Map.
(2)
Review and make recommendations to Borough Council on conditional
use applications and subdivision plans.
(3)
Hold public hearings and meetings, as required by law.
(4)
Maintain accurate and current records of all actions taken by it
and make an annual report of its activities to Borough Council.
(5)
When requested by the Zoning Officer, render advice and recommendations
on any application.
B.
Appointment and terms of Planning Commission members. The Springdale
Borough Planning Commission shall have five members. Terms shall be
fixed so that the term of no more than two members expire each year.
All members of the Planning Commission shall be appointed by Borough
Council. The term of each member of the Planning Commission shall
be for four years.
C.
Membership. All members of the Planning Commission shall be residents
of Springdale Borough. No more than two members of the Planning Commission
shall be officers or employees of Springdale Borough.
D.
Conduct of business. The Planning Commission shall elect its own
Chairman and Vice Chairman and shall fill such other offices as it
may determine. Officers shall serve annual terms and may succeed themselves.
All members shall serve without compensation, but may be reimbursed
for necessary and reasonable expenses. The Commission shall keep a
full record of its business and shall make a written report of its
activities to Borough Council by March 1 of each year.
E.
Vacancies. The Chairman of the Planning Commission shall promptly
notify Borough Council of all vacancies of the Commission, and all
vacancies shall be filled for the unexpired term.
F.
Removal of members. Any member of the Planning Commission may be
removed from office for malfeasance, misfeasance or nonfeasance in
office or for other just cause by majority vote of Borough Council,
taken after the member has received 15 days' advance notice of
the intent to take such a vote. A public hearing shall be held in
connection with the vote if the member shall request it in writing.
A.
Membership of the Board. The membership of the Board shall be three
residents of the Borough appointed by Borough Council. Their terms
of office shall be three years and shall be so fixed that the term
of office of one member shall expire each year. The Board shall promptly
notify Borough Council of any vacancies which occur. Appointments
to fill vacancies shall be only for the unexpired portion of the term.
Members of the Board shall hold no other office in the Borough.
B.
Removal of members. Any Board member may be removed from office for
malfeasance, misfeasance or nonfeasance in office or for other just
cause by a majority vote of Borough Council, taken after the member
has received 15 days' advance notice of the intent to take such
a vote. A public hearing shall be held in connection with the vote
if the member shall request it in writing.
C.
Organization of the Board. The Board shall elect its officers from its own membership, who shall serve annual terms and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be a majority of all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and parties may waive further action by the Board as provided in § 490-48E of this chapter. The Board may make, alter and rescind rules and forms for its procedure consistent with the ordinances of the Borough and laws of the commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Borough, and submit a report of its activities to Borough Council as requested by Borough Council.
D.
Expenditures for services. Within the limits of funds appropriated
by Borough Council, the Zoning Hearing Board may employ or contract
for secretaries, clerks, zoning officers, legal counsel, consultants,
and other technical and clerical services. Members of the Zoning Hearing
Board may receive compensation for the performance of their duties,
as may be fixed by Borough Council, but in no case shall it exceed
the rate of compensation authorized to be paid to the members of Borough
Council.
E.
Hearings.
(1)
Public notice of Zoning Hearing Board hearings shall be given once
each week for two successive weeks in a newspaper of general circulation
in the Borough. The first publication shall not be more than 30 days
and the second publication shall not be less than seven days from
the date of the hearing. At least seven days before the date of the
hearing, written notice shall be mailed to all interested parties,
including the applicant, the Zoning Officer, the Borough Secretary,
President of Council and every person or organization who shall have
registered with the Board for the purpose of receiving such notices.
In addition, written notice shall be conspicuously posted on the affected
tract of land at least one week prior to the hearing.
(2)
The public hearing shall be held within 60 days from the date of
the applicant's request unless the applicant has agreed, in writing,
to an extension of time.
(3)
Hearings shall be conducted by the Board, or the Board may appoint
any member as a hearing officer. The decision or, where no decision
is called for, the findings shall be made by the Board; however, the
appellant or the applicant, as the case may be, in addition to the
Borough, may, prior to the decision of the hearing officer, waive
the decision or findings by the Board and accept the decision or findings
of the hearing officer as final.
(4)
Parties to the hearing shall be the Borough, any person who is affected
by the application who has made timely appearance of record before
the Board, and any other person, including civic or community organizations
permitted to appear by the Board. The Board shall have the power to
require that all persons who wish to be considered parties enter appearances,
in writing, on forms provided by the Board for that purpose.
(5)
The Chairman or acting Chairman of the Board or the hearing officer
presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents requested by the parties.
(6)
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(7)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(8)
The Board or the hearing officer, as the case may be, shall keep
a stenographer record of the proceedings. The appearance fee for a
stenographer shall be shared equally by the applicant and the Board.
The cost of the original transcript shall be paid by the Board if
the transcript is ordered by the Board or hearing officer or shall
be paid by the person appealing from the decision of the Board if
such appeal is made. 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.
(9)
The Board or the hearing officer shall not communicate, directly
or indirectly, with any party or his/her representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate; not take any notice of any communication,
reports, staff memoranda or other materials except advice from their
solicitor unless the parties are afforded an opportunity to contest
the material so noticed; and not inspect the site or its surrounds,
after the commencement of hearings, with any party or his representative
unless all parties are given an opportunity to be present.
(10)
The Board or the hearing officer, as the case may be, shall
render a written decision or, when no decision is called for, make
written findings on the application within 45 days after the last
hearing before the Board or hearing officer. A decision by the Board
shall require the majority of any quorum voting on the case. In the
event that there is a tie vote, the application shall be deemed denied.
(11)
Where the application is contested or denied, each decision
shall be accompanied by findings of fact and conclusions based thereon
together with the reasons therefor. Conclusions based on any provisions
of this chapter or of any act, rule, or regulation 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.
(12)
If the hearing is conducted by a hearing officer, and no stipulation
has been made that the officer's decision or findings are final,
the Board shall make the hearing officer's report and recommendations
available to the parties within 45 days and the parties shall be entitled
to make written representations thereon to the Board prior to final
decision or entry of findings, and the Board's decision shall
be entered no later than 30 days after the report of the hearing officer.
(13)
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 by certified mail not later than the day following its date.
The Board shall provide, by mail or otherwise, a brief notice of the
decision or findings and a statement of the place at which the full
decision or all findings may be examined to all persons who filed
their names and addresses with the Board not later than the last day
of the hearing; the Zoning Officer; the Borough Secretary; and President
of Council.
F.
Functions of the Board. The Zoning Hearing Board shall have exclusive
jurisdiction to hear and render final adjudications in the following
matters:
(2)
Challenges to the validity of this chapter raising procedural questions
or alleged defects in the process of enactment or adoption, which
challenges shall be raised by an appeal taken within 30 days after
the effective date of this chapter or any amendment thereof;
(3)
Appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit, or failure
to act on the application therefor, the issuance of any enforcement
notice or the registration or refusal to register any nonconforming
use, structure or lot;
(4)
Appeals from a determination by the Borough's Engineer or the Zoning Officer with reference to the administration of Chapter 266, Floodplain Management;
(5)
Applications for variances from the terms of this chapter or Chapter 266, Floodplain Management;
G.
Variances.
(1)
Application. The Board shall hear requests for variances where it
is alleged that the strict application of the provisions of this chapter
inflict unnecessary hardship upon the applicant. Application for a
variance shall be made, in writing, on the prescribed form obtained
from the Zoning Officer. The Zoning Officer shall forward the application
to the Board, which shall determine a time and place of the hearing.
(2)
Standards for variances. The Board may grant a variance, provided
that all the following findings are made where relevant in a given
case:
(a)
That there are unique physical circumstances or conditions,
including irregularity, narrowness or shallowness of lot size or shape
or exceptional topographical or other physical conditions peculiar
to the particular property, and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or district
in which the property is located.
(b)
That, because of such physical circumstances or conditions,
there is no possibility that the property can be developed in strict
conformity with the provisions of this chapter, and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
(c)
That such unnecessary hardship had not been created by the applicant.
(d)
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located nor substantially or permanently impair the appropriate use
or development of adjacent property nor be detrimental to the public
welfare.
(e)
That the variance, if authorized, will represent the minimum
variance which will afford relief and represent the least modification
possible of the regulation in issue.
(3)
Procedure for variances. The Board may request the review and comments
of the Planning Commission on any variance application, which shall
be made part of the public record. In granting any variances, the
Board may attach such reasonable conditions and safeguards as it may
deem necessary to implement the purposes of this chapter and the Pennsylvania
Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
H.
Changes of nonconforming uses. In accordance with Article VII of this chapter, the Zoning Hearing Board shall hear requests for a change of one nonconforming use to another nonconforming use. Before approving an application, the Board shall determine that:
(1)
The proposed use is within the same type of use category as the original
nonconforming use, such as one personal service business to another.
In making a determination of similar uses, the Board shall be guided
by the definitions in this chapter or, where not so defined, the Federal
Office of Management and Budget's Standard Industrial Classification
Manual (current edition).
(2)
The proposed use will not be any more objectionable than the original
nonconforming use in terms of traffic generation and requirements
for off-street parking and loading; outdoor storage of wastes, materials,
supplies and equipment; and minimum yard, height, area and volume
of all structures.
I.
Parties appellant before the Board. Appeals other than requests for
a variance may be filed with the Board, in writing, by the landowner
affected, by any officer or agency of the Borough or any person aggrieved.
Requests for a variance from the operation of this chapter may be
filed with the Board only by a landowner or any tenant with the permission
of such landowner.
J.
Time limitations.
(1)
No person shall be allowed to file any proceeding with the Board
later than 30 days after an application for development, preliminary
or final, has been approved by an appropriate Borough officer, agency
or body if such proceeding is designed to secure reversal or to limit
the approval in any manner, unless such person alleges and proves
that he had to notice, knowledge, or reason to believe that such approval
had been given. If such person has succeeded to his interest after
such approval, he shall be bound by the knowledge of his predecessor
in interest.
(2)
All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days' after notice of the determination
is issued.
K.
Stay of proceedings.
(1)
Upon filing of any appeal to the Zoning Hearing Board and during
its pendency before the Board, all land development pursuant to any
challenged ordinance, order or approval of the Zoning Officer or any
agency or body and all official action thereunder shall be stayed,
unless the Zoning Officer or any other appropriate agency or body
certifies to the Board facts indicating that such stay would cause
imminent peril to life or property. In this case, the development
or official action shall not be stayed otherwise than by a restraining
order, which may be granted by the Board or the court having jurisdiction
of zoning appeals or petition after notice to the Zoning Officer or
other appropriate agency or body.
(2)
When an application for development, preliminary or final, has been
duly approved and proceedings designed to reverse or limit the approval
are filed with the Board by persons other than the applicant, the
applicant may petition the Allegheny County Court of Common Pleas
to order such persons to post a bond as a condition to continuing
the proceedings before the Board, pursuant to provisions of the Pennsylvania
Municipalities Planning Code.
The Borough Council shall have exclusive jurisdiction to hear
and render final adjudications in the following matters:
A.
Amendment procedure. Borough Council may amend this chapter and/or
the Springdale Borough Zoning District Map, provided that the following
procedure is utilized as required by the Pennsylvania Municipalities
Planning Code:[1]
(1)
Before voting on the enactment of an amendment, Borough Council shall
hold a public hearing hereon, 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,
at points 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.
(2)
In the case of an amendment other than that prepared by the Springdale
Borough Planning Commission, the Borough shall submit each such amendment
to the Planning Commission at least 30 days prior to the hearing on
such proposed amendment to provide the Planning Commission an opportunity
to submit recommendations.
(3)
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, Borough Council shall hold another public hearing,
pursuant to public notice, before proceeding to vote on the amendment.
(4)
At least 30 days prior to the public hearing on the amendment, the
Borough shall submit the proposed amendment to the Allegheny County
Planning Department for recommendations.
(5)
Within 30 days after enactment, a copy of the amendment to this chapter
shall be forwarded to the Allegheny County Planning Department.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Advertising amendments. All Borough ordinances or amendments dealing
with zoning must be advertised as follows, as required by the Pennsylvania
Municipalities Planning Code:
(1)
Notice of proposed enactment shall be given in the manner set forth
in this subsection, and shall include the time and place of the meeting
at which passage will be considered and a reference to a place within
the Borough where copies of the proposed ordinance or amendment may
be examined without charge or obtained for a charge not greater than
the cost thereof. The Borough shall publish the proposed ordinances
or 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 ordinance or 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 included:
(a)
A copy thereof shall be supplied to a newspaper of general circulation
in the Borough at the time the public notice is published.
(b)
An attested copy of the proposed ordinance shall be filed in
the County Law Library or other county office designated by the County
Commissioners, who may impose a fee no greater than that necessary
to cover the actual costs of storing said ordinance.
(2)
In the event substantial amendments are made in the proposed ordinance
or 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)
Zoning ordinances and amendments may be incorporated into official
ordinance books by reference with the same force and effect as if
duly recorded therein.
C.
Curative amendments by landowners. A landowner who desires to challenge,
on substantive grounds, the validity of this chapter or Zoning Map
(or any provision thereof) which restricts or prohibits the use or
development of land in which he/she has an interest may submit a curative
amendment to Borough Council with a written request that the challenge
and proposed amendment be heard and decided, as provided by the Pennsylvania
Municipalities Planning Code.
D.
Municipal curative amendments. If the Borough Council determines
that this chapter or a portion thereof is substantially invalid, it
may implement the procedure for municipal curative amendments provided
for in Section 609.2 of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10602.
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 Borough, pay a judgment of not more than $500, plus
all court costs, including reasonable attorney's 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 a good-faith basis for
the person, partnership or corporation violating the 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's fees collected for the violation of this chapter shall
be paid over of the Borough of Springdale.
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, Borough Council,
or with the approval of 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,
in addition to other remedies, may institute any appropriate action
or proceeding to prevent, restrain, correct or abate such building,
structure, landscaping 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 the landowner or tenant, notice of that
action shall be served upon the Borough at least 30 days prior to
the time the action is begun by serving a copy of the complaint on
the Borough Council. No such action may be maintained until such notice
has been given.
