The duty of administering and enforcing the
provisions of this chapter is hereby conferred upon the Zoning Officer,
who shall have all the powers and duties conferred to Zoning Officers
by the Pennsylvania Municipalities Planning Code.
No land shall be used nor building erected until
a zoning permit shall have been obtained. Each application for a zoning
permit shall be filed with the Zoning Officer and shall contain all
the information necessary to enable the Zoning Officer to ascertain
whether the proposed excavation, erection, construction, structural
alteration, occupation, use and/or change in use will comply with
the provisions of this chapter. In addition to other necessary data,
the application shall be accompanied by a plot plan, in duplicate,
drawn to scale, showing the land involved, the location of all existing
and proposed buildings and other structures thereon, the location
of all abutting streets, roads and alleys, and the location of all
existing buildings on abutting land within 120 feet of the side and
rear lot lines of the land involved. The application shall also show
the name and address of the applicant. An application for a zoning
permit may be filed by the owner, tenant, lessee, general agent, architect,
engineer, or building contractor of the building or premises involved.
The Zoning Officer is hereby authorized to combine or include the
application for a zoning permit with an application for a building
permit and may use the same form for both permits. However, the applicant
must meet all of the requirements of this chapter before either a
building permit or a zoning permit shall be issued.
[Added 7-18-2005 by Ord. No. 848]
A. All structures in excess of 144 square feet in area
to be erected or constructed or placed on any property within the
Borough of Pleasant Hills shall require a building permit prior to
erection or placement of this structure on property within the Borough
of Pleasant Hills.
B. In the event that a project requires both a grading
permit and a building permit, the application for building permit
will not be considered until all of the requirements for the grading
permit have been satisfied and the grading permit issued. The Borough
Engineer is the Administrator of the Grading Ordinance and shall have
a final say in all matters related to the process described in this
chapter after the grading permit has been issued. The initial application
for a grading permit shall be obtained from the Zoning Officer. The
Zoning Officer shall make an initial determination of whether a project
may require a grading permit. The review of the Zoning Officer is
only an initial review and the Borough Engineer shall make the final
determination of whether a grading permit is required. The Borough
Engineer shall also make a final determination on all matters related
to compliance. The application for the building permit will only be
processed after all of the requirements to issue the grading permit
have been satisfied and all fees related to the grading permit have
been paid.
[Added 2-16-2009 by Ord. No. 899]
C. In the event that a project which requires a building permit is started
prior to obtaining a building permit, the property owner shall be
subject to penalties set forth in the Pennsylvania Uniform Construction
Code, as may be amended, and the enforcement remedies set forth in
Code Chapter 374-129 of the Borough of Pleasant Hills, including but
not limited to judgment of not more than $500, plus all court costs,
including reasonable attorney fees incurred by the Borough as a result.
[Added 2-19-2018 by Ord.
No. 1008]
All applications for zoning permits or building
permits shall be accompanied by the required fees in accordance with
the fee schedule established by resolution of Borough Council. A copy
of the fee schedule shall be available in the office of the Zoning
Officer.
Borough Council shall hear and decide applications
for conditional use approval in accordance with the provisions of
this chapter; however, it shall not approve a conditional use unless
and until:
A. A written application is submitted, including a site development plan containing the information required by §
374-71.
B. The required fees are paid.
C. Planning Commission referral:
(1)
The application is referred to the Planning
Commission for review within 30 days of submission and the Planning
Commission makes a written recommendation to the Borough Council within
90 days of referral.
(2)
If after 120 days from the date of submission,
the Planning Commission fails to provide a written recommendation,
Borough Council may act without the Planning Commission recommendation.
D. All applicable requirements of this chapter are met.
In considering an application for conditional use approval, Borough
Council may hold a public hearing on the application and Borough Council
may prescribe reasonable and appropriate conditions and safeguards
in granting approval of a conditional use application. If Borough
Council determines that an application meets the requirements of this
chapter and receives assurances that any additional conditions deemed
necessary shall be fulfilled, Council shall direct the Zoning Officer
to issue zoning approval for the conditional use.
The Zoning Officer shall within two weeks after
the filing of an application in proper form, make and file his written
decision as to whether or not the proposed excavation, erection, construction,
structural alteration, occupation, use and/or change in use comply
with the provisions of this chapter, and shall, within such period,
deliver a copy of this decision, together with a copy of the zoning
permit, if any, issued pursuant to such decision to the applicant
in person or by ordinary mail, directed to the applicant’s address
as stated in the application.
[Amended 3-15-2010 by Ord. No. 920]
A. It shall be unlawful to use or occupy any structure or lot without obtaining a certificate of occupancy. Failure to obtain a certificate of occupancy shall be a violation of this chapter and shall be subject to the penalty provisions of Article
XXIV.
B. Commercial
certificates of occupancy shall conform to the procedures as specified
in § 403.46 of Title 34 of the Pennsylvania Uniform Construction
Code.
C. Residential
certificates of occupancy shall conform to the procedures as specified
in § 403.65 of the Title 34 of the Pennsylvania Uniform
Construction Code.
D. All zoning
districts.
(1) In
the event of denial of the zoning permit and/or certificate of occupancy,
the Zoning Officer shall notify the applicant in writing directed
to the applicant at the address stated in the application and shall
cite the specific provisions of this chapter which have not been complied
with.
A record and copy of all applications filed
with the Zoning Officer, of all his decisions and of all zoning permits
and certificates of occupancy and compliance issued by him shall be
kept on file in the office of the Borough Secretary as a public record
within the Borough.
The Borough Council of the Borough of Pleasant Hills, when considering final approval of any subdivision request or site plan approval, is hereby authorized to permit variances from the standards established in this chapter and Chapter
322, Subdivision and Land Development, of the Code of the Borough of Pleasant Hills when such variances are in the public interest and promote the environment, health, safety and general welfare of the public. If the Borough Council should grant such variances for any specific project, such variance shall be deemed to apply only to that specific project and shall not be considered as a precedent for any other subdivision or site plan. If Borough Council should grant a variance as herein described, the nature and extent of such variance shall be specifically set forth in the minutes of the meeting granting subdivision or site plan approval and the applicant shall be bound by the variance as set forth in the minutes of such meeting.
If the Zoning Officer or his/her duly authorized
representative shall find that any of the provisions of this chapter
are being violated, the Zoning Officer or his/her duly authorized
representative shall issue a written enforcement notice to the person
responsible for such violation. The enforcement notice shall contain
the following information:
A. The name of the owner of record and any other person
against whom the Borough 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 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 in 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.