It is the purpose of these regulations to prescribe the procedures
by which the administration of this chapter shall take place. Nothing
contained within this article shall be interpreted as limiting the
adoption of administrative regulations which do not supersede required
stated procedures.
A.
The duty of administering and enforcing the provisions of this chapter
is hereby conferred upon the Zoning Officer, who shall have such powers
as are conferred on him by this chapter and who shall administer this
chapter in accordance with its literal terms. The Zoning Officer shall
not have the power to permit any construction or any use or change
or use which does not conform to this chapter.
B.
Duties. The duties of the Zoning Officer shall be:
(1)
To examine all applications for permits;
(2)
To issue permits only for construction and uses which are in
accordance with the regulations of this chapter and other applicable
ordinances, as may be subsequently amended;
(3)
To record and file all applications for permits with the accompanying
plans;
(4)
To issue permits for uses by special exception only after such
uses and buildings are approved by the Zoning Hearing Board in accordance
with the regulations of this chapter;
(5)
To receive all required fees and issue all necessary stop orders;
(6)
To inspect nonconforming uses, buildings and signs, and to keep
a filed record of such nonconforming uses and buildings as public
record, and to examine them periodically;
(7)
Upon the request of the Planning Commission or of the Zoning
Hearing Board, present such body facts, records, and any similar information
on specific requests to assist such body in reaching its decision;
and
(8)
To be responsible for keeping up-to-date this Zoning Ordinance
and accompanying Zoning District Map.
A.
Any appeal from a decision or action of the Zoning Officer shall
be made directly to the Zoning Hearing Board.
B.
Complaints regarding violations. Whenever a violation of this chapter
occurs, or is alleged to have occurred, any person may file a written
complaint. Such complaint stating fully the causes and basis thereof
shall be filed with the Zoning Officer. He shall record promptly such
complaint, immediately investigate, and action thereon as provided
by this chapter.
A.
Notice. If it appears to the Zoning Officer that a violation of this
chapter has occurred, the Zoning Officer shall initiate enforcement
proceedings by sending an enforcement notice as provided in Section
616.1 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1.
B.
Enforcement. This chapter shall be enforced by the designated Zoning
Officer of the Borough of Quarryville. No permit of any kind as provided
in this chapter shall be granted by him for any purpose except in
compliance with the provisions of this chapter, or a decision of the
Zoning Hearing Board or the courts.
C.
Remedies. In case any building, structure, or land is, or is proposed
to be, erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this chapter, the Borough Council or, the
Zoning Officer, with the approval of the Borough Council, in addition
to other remedies, may institute in the name of the municipality any
appropriate action or proceeding to prevent, restrain, correct or
abate such building, structure or land, or to prevent, in or about
such premises, any act, conduct, business or use constituting a violation.
D.
Penalties. Any person, partnership or corporation who or which has
violated or permitted the violation of the provisions of the Zoning
Ordinance 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 shall 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 ordinance 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.
A.
Requirements for zoning permits. A zoning permit shall be required
prior to the erection, construction or alteration of any building,
structure or any portion thereof, prior to the moving of a building
into the Borough, from one place in the Borough to another, prior
to the change or extension of nonconforming use and shall be issued
simultaneously with the required building permits.
B.
Application for permits. Application for permits shall be made in
writing to the Zoning Officer on such forms as may be furnished by
the Borough. Such application shall include building and plot plans
of a satisfactory nature in duplicate, and shall contain all information
necessary for such official to ascertain whether the proposed erection,
alteration, use or change in use complies with the provisions of this
chapter. No permit shall be considered complete or permanently effective
until the Zoning Officer has certified that the work meets all the
requirements of applicable codes and ordinances.
C.
Issuance of permits. No zoning 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.
D.
Permits shall be granted or refused within 10 days after date of
application. In case of refusal, the applicant shall be informed of
his right to appeal to the Zoning Hearing Board.
E.
No permit shall be granted until the applicant first satisfies the
Zoning Officer that a permit for public sewage disposal has been secured,
a building permit has been secured, and the applicant has otherwise
complied or can comply with all other laws, regulations, legislations,
ordinances, controls, conditions and provisions of Borough, county,
state, federal or other governmental entities or instrumentalities
which are or may be applicable to the use, building or structure or
any activity or happening relating thereto, affecting same or effective
thereby.
F.
Expiration of permits. No permit for the erection, razing, change,
alteration, or removal of buildings shall be valid or effective after
one year from the date of issuance thereof and shall thereafter be
void, unless the work authorized by such permit shall have been substantially
commenced within one year from the date of issuance and proceeded
with, with due diligence. If, however, the applicant has been delayed
in proceeding with the work for which the permit was granted by reason
of any reasonable cause not due to his own negligence, the permit
may be renewed without additional cost to the applicant.
A.
Upon completion of the erection or alteration of any building, portion
thereof, authorized by any permit, and prior to occupancy or use,
the holder of such permit shall notify the Zoning Officer of such
completion. No permit shall be considered complete or permanently
effective, nor shall any building be occupied or lot used until said
official has issued an occupancy permit certifying that the work has
been inspected and approved as being in conformity with the permit
and the provisions of this chapter and other applicable ordinances.
B.
In Commercial and Industrial Zoning Districts in which performance
standards are imposed, no certificate of occupancy shall become permanent
until 30 days after the facility is fully operating, when upon a reinspection
by the Zoning Officer it is determined that the facility is in compliance
with all performance standards.
C.
Certificate of occupancy shall be granted or denied within 10 days
from the date of application.
A temporary permit may be authorized by the Zoning Hearing Board
as a special exception for a nonconforming structure or use which
it deems beneficial to the public health or general welfare or which
it deems necessary to promote the proper development of the community,
provided that such nonconforming structure or use shall be completely
removed upon expiration of the permit without cost to the Borough.
Such a permit shall be issued for a specified period of time not exceeding
six calendar months, and may be renewed for an aggregate period of
not more than two years.
A.
A sign permit shall be required prior to the erection or alteration
or any sign.
B.
Application for 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.
C.
Permits shall be granted or refused within 15 days from date of application.
D.
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.
E.
All applications for sign permits shall be accompanied by plans or
diagrams in duplicate and approximately to scale, showing the following:
(1)
Exact dimensions of lot or building upon which the sign is proposed
to be erected.
(2)
Exact size, dimensions and location of the said sign on lot
or building.
(3)
Any other lawful information which may be required of applicant
by the Zoning Officer. One copy of said plan or diagram shall be returned
to applicant, after the Zoning Officer shall have marked such copy
either approved or disapproved, and attested to same.
A.
The Borough Council shall determine a schedule of fees, charges and
expenses, as well as a collection procedure for special permits, variances,
amendments and other matters pertaining to this chapter. Said schedule
of fees shall be posted in the office of the Zoning Officer.
B.
The Borough Council shall be empowered to reevaluate the fee 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 Council by resolution.
C.
The required fees for zoning district amendments may vary according
to advertising costs and thus shall be kept up-to-date by the Borough
Council and the Zoning Officer. All such fees shall be paid into the
Borough Treasury.
D.
Special exceptions and variances shall be issued only after fees
have been paid in full, and the Zoning Hearing Board shall take no
action on appeals until preliminary charges have been paid in full.
A.
Power to amend. The regulations, restrictions, boundaries and requirements
set forth in this chapter may, from time to time, be amended, supplemented,
changed, or repealed, through amendment by the Borough Council.
