A. 
Creation of Zoning Hearing Board. There is hereby created a Zoning Hearing Board, herein referred to as the "Board," consisting of three residents of the Township and one alternate, appointed by the Board of Supervisors pursuant to the Pennsylvania Municipalities Planning Code, as amended.[1] Said Board shall perform all the duties and exercise all powers prescribed by said Code and as herein further provided.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Variances.
(1) 
Use of land permitted by variance is only permitted when approved by the Zoning Hearing Board in accordance with the criteria set forth in this chapter and as required by law, after public hearing pursuant to public notice, and in accordance with the requirements of the Pennsylvania Municipalities Planning Code.
(2) 
Requests for variance, or conditional use shall be first presented to the Zoning Officer for review by filing an application (including any fee established by resolution) containing the information required. The Zoning Officer shall determine whether a variance or conditional use is necessary.
C. 
Standards for variance. A variance may be granted where the provisions of the ordinance inflict unnecessary hardship and all the following findings are made, where relevant, in a given case:
(1) 
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 the Zoning Code in the neighborhood or district in which the property is located.
(2) 
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 the Zoning Code and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3) 
That such unnecessary hardship has not been created by the appellant.
(4) 
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, not substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(5) 
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
D. 
Conditions. The Zoning Hearing Board may approve variances and the Township Supervisors may approve conditional uses subject to reasonable and appropriate conditions.
E. 
Expiration of variances and conditional uses. The validity of a variance, or conditional use permit shall not exceed one-year from the date of authorization and shall expire if the applicant has failed to obtain other appropriate permits, and commence work or use as planned and approved within one year.
F. 
The Township Supervisors shall conduct hearings on applications for conditional uses in the manner provided in Article VIII for Zoning Hearing Board proceedings unless expressly governed in a different manner by the provisions of the Municipalities Planning Code.
A. 
The Township of Clinton shall appoint or reappoint a Zoning Officer who shall administer and enforce the provisions of this chapter, and shall do so in accordance with the provisions of this chapter and of the Pennsylvania Municipalities Planning Code.[1] The Zoning Officer shall not hold any elective office in the Township. The Township may also appoint one or more assistant Zoning Officers, as it deems necessary to administer this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Duties of the Zoning Officer. The Zoning Officer shall administer this chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use, which does not conform to this chapter. The Zoning Officer shall be considered as qualified to perform his/her duties by meeting the qualifications established by the Township. In addition, the Zoning Officer's duties, obligations and responsibilities include the following:
C. 
Application for zoning certificates. The Zoning Officer shall receive applications for zoning certificates. Applications conforming to such ordinances shall be approved, and those not conforming to such ordinances shall be denied.
D. 
Inspections. The Zoning Officer or a duly appointed assistant may examine, or cause to be examined, all structures and/or land for which an application for a zoning certificate has been requested. Such inspections may be before, during and after construction and shall be made upon the termination of construction and prior to the issuance of a Zoning Certificate.
E. 
Applications, appeals and certificates. The Zoning Officer may issue or deny such certificates as required by this chapter where no other body is involved; shall receive all applications for conditional uses and variances and forward same to the appropriate body. Where a decision is made by another body, the Zoning Officer shall issue or deny the certificate as ordered by the applicable board.
F. 
Enforcement. The Zoning Officer is authorized to institute civil enforcement proceedings as a means of enforcing this chapter and to revoke or refuse permits as authorized.
A. 
Certificate of zoning. A zoning certificate shall be required prior to the occupancy or use of any vacant land or prior to the occupancy or use of any structure hereafter constructed, reconstructed, moved, altered or enlarged. Zoning certificates shall also be required for a change of use of a structure or land to a different use and changes to a nonconforming use or structure. Said applications shall be on forms as approved by the Township or the Board, as appropriate, and shall be accompanied by a fee as set by the Township. It is the intent of the chapter that all appeal processes should follow the Pennsylvania Municipalities Planning Code[1] or other appropriate state law. The filing of appeals and variances shall be within such time limits as specified by the Pennsylvania Municipalities Planning Code. The filing of conditional uses shall follow procedures set forth by the Township Supervisors. The zoning certificate shall also be issued upon request to confirm that the use of land or a building within the Township is in compliance with this chapter. The exact form of the certificate and fees charged shall be determined by the Township.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Sign permit. A sign permit shall be required prior to the erection or alteration of any sign, except those signs specifically exempted from this requirement in this chapter.
(1) 
Application for a sign permit shall be made in writing to the Zoning Officer, and shall contain all information necessary for such Officer to determine whether the proposed sign, or the proposed alterations, conform to all the requirements of this chapter.
(2) 
No sign permit shall be issued except in conformity with the regulations of this chapter, except after written order from the Zoning Hearing Board or the courts.
(3) 
All applications for sign permits shall be accompanied by plans or diagrams in duplicate and approximately to scale, showing the following:
(a) 
Dimensions of lot or building upon which the sign is proposed to be erected.
(b) 
Exact size, dimensions and location of the said sign on lot or building.
(c) 
Any other lawful information that may be required by the Zoning Officer.
A. 
Enforcement notice. When it appears to the Township and/or the Zoning Officer that a violation has occurred, the Zoning Officer shall send an enforcement notice. The enforcement notice shall be sent 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 the parcel, and to any other person requested in writing by the owner of record. The enforcement notice shall state the following:
(1) 
The name of the owner of record and any other person against whom the Township intends to take action.
(2) 
The location of the property in violation.
(3) 
The specific violation with a description of the requirements, which have not been met, citing in each instance the applicable provisions of the ordinance.
(4) 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5) 
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.
(6) 
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. 
Causes of action. 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, and any amendment thereto or prior enabling laws, the Township, the Zoning Officer of the Township, 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 a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors of Clinton Township. No such action may be maintained until such notice has been given.
C. 
Jurisdiction. Magisterial District Judges shall have initial jurisdiction over proceedings brought under Subsection D.
D. 
Enforcement remedies. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter and any amendment thereto or any prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township 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 Township 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 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 continues shall constitute a separate 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 fees collected for the violation of zoning ordinances shall be paid over to the Township. Nothing contained in this section shall be construed or interpreted to grant any person or entity other than the Township and its Zoning Officer the right to commence any action for enforcement pursuant to this section.
A. 
General. The Board of Supervisors may introduce and/or consider amendments to this chapter and to the Zoning Map, as proposed by a member of the Board of Supervisors, the Planning Commission, or by a petition of a person or persons residing or owning property within the Township.
B. 
Petitions. Petitions for amendments shall be filed with the Zoning Officer; and the petitioners, upon such filing, shall pay an advertising deposit and a filing fee, in accordance with a fee schedule affixed by the Township.
C. 
Referral. Any proposed amendment presented to the Board of Supervisors without written findings and recommendations from the Township Planning Commission and the Butler County Planning Commission, shall be referred to these agencies for their review and recommendations prior to the public hearing by the Board of Supervisors. The Board shall not hold a public hearing upon such amendments until required reviews and recommendations are received or the expiration of 30 days from the date that such proposed amendments were submitted to the Township and County Planning Commissions.
D. 
Action. Before acting upon a proposed amendment, the Board of Supervisors shall hold a public hearing thereon. Public notice of such hearing is required, and, if applicable, mailed notice and electronic notice per 53 P.S. § 10109, and shall contain a brief summary of the proposed amendment and reference to the place where copies of the same be examined, shall be published in accordance with the provisions of the Pennsylvania Municipalities Planning Code. If the proposed amendment involves a change to the Zoning Map, notice of the public hearing shall be posted at the affected tract in accordance with Section 609 of the Planning Code[1] at least one week prior to the date of the hearing.
[Amended 7-13-2020 by Ord. No. 2020-01]
[1]
Editor's Note: See 53 P.S. § 10609.
E. 
Notwithstanding any specific provisions above, procedures and time frames shall be in accordance with 53 P.S. § 10609.
[Added 7-13-2020 by Ord. No. 2020-01]
F. 
Curative amendments. The Township may institute a municipal curative amendment in accordance with Section 609.2 of the Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10609.2.