A.
Zoning Officer. This chapter shall be administered by the Zoning
Officer. The Board of Supervisors shall appoint a Zoning Officer who
shall not hold any elective office in the Township. The Board of Supervisors
may, from time to time, appoint deputy Zoning Officers who shall serve
under the supervision of the Zoning Officer. The Board of Supervisors
shall fix the compensation to be paid to the Zoning Officer and such
deputy Zoning Officers as may be appointed to assist the Zoning Officer.
The Zoning Officer and deputy Zoning Officers shall serve at the pleasure
of the Board of Supervisors.
B.
Duties and responsibilities. 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 the requirements of this chapter. Within this
power, the Zoning Officer shall have duties as follows:
(1)
Receive the application and review application for completeness
and compliance.
(2)
Notify applicants of deficiencies in application(s) and request
additional information.
(3)
Declare the application administratively complete and officially
received.
(4)
Distribute applications to the various Township agencies and
boards for reviews and/or approvals, as required.
(5)
Maintain file on application and review processing.
(6)
Receive review comments and approvals from the various Township
agencies and boards as required.
(7)
Issue zoning, occupancy, temporary, and sign permits after all
review comments and approvals as required have been received.
(8)
Make inspection(s).
(9)
Issue stop-work order(s).
(10)
Issue denials for permits.
(11)
Issue zoning occupancy permits only after all construction and
development conforms to the requirements of this chapter and other
related Township ordinances and, if applicable, all conditions imposed
by the Zoning Hearing Board or Board of Supervisors have been complied
with.
(12)
The Zoning Officer may identify and register nonconforming uses,
structures and/or lots as directed by the Board of Supervisors.
(13)
The Zoning Officer shall meet with the Planning Commission as
needed at the Planning Commission's regularly scheduled meeting to
keep the Commission abreast of matters concerning land development
in the Township and to discuss problems in administering this chapter
or recommend changes to this chapter.
(14)
An official record shall be kept of all business and activities
of the office of the Zoning Officer specified by provisions of this
chapter.
In all cases, any application for a permit required by this
chapter shall be determined not only on the basis of compliance with
this chapter, but also on the basis of compliance with all other applicable
Township ordinances and all other applicable rules and regulations
of the various Township, state and federal authorities and agencies
which might be concerned.
A.
Permit required. A zoning use permit shall be required prior to the:
(1)
Placement, erection, or construction of a building or structure,
except for residential accessory buildings under 1,000 square feet
of gross floor area and buildings housing agricultural operations
for which a building permit is not required by the Township Building
Code.
(2)
Structural alteration or reconstruction of a building or structure,
except for residential accessory buildings under 1,000 square feet
of gross floor area and buildings housing agricultural operations
for which a building permit is not required by the Township Building
Code.
(3)
Addition to a building or structure.
(4)
Relocation of a building or structure.
(5)
Construction of a swimming pool.
(6)
Construction, reconstruction, alteration or movement of a retaining
wall.
(7)
Erection or alteration of a sign.
B.
It shall be unlawful for any person, business, association, partnership
or corporation to undertake or cause to undertake any use, construction
or development anywhere within the Township unless a zoning use permit
has been obtained from the Zoning Officer.
D.
No permit under this chapter shall be required for the construction,
maintenance or alteration of a fence.
E.
Application for permit. All applications for zoning use permits shall
be made in writing by the owner or his duly authorized agent on a
form furnished by the Township. The application shall contain the
name, address and phone number of the applicant, the name, address
and phone number of the owner of the land or lot on which the construction
is proposed, a copy of any deed restrictions or covenants, the name,
address and phone number of the contractor or developer, a brief description
of the intended use of the structure, a site plan drawn to a scale
of one inch being equal to 100 feet or less, copies of required permits
or applications, including DEP planning modules for sanitary sewer(s),
and copies of any and all other permits or applications for permits
pursuant to county, state or federal law. In addition, the application
shall include:
(1)
Site plan. All applications for a zoning use permit shall be
accompanied by three copies of a site plan, drawn to scale, showing
North arrow; scale; date of drawing; lot dimensions and total acreage;
exact exterior size and location of existing and proposed building(s)
or structure(s); exact location and areas of bodies of water, watercourses,
drainageways, utility rights-of-way and easements (both existing and
proposed); existing and proposed driveways, streets, and highways
within, adjacent and opposite of the land in question; existing and
proposed off-street parking, loading and unloading facilities; existing
and proposed building setback lines, side and rear yard dimensions;
and any other data as may be deemed necessary for the Zoning Officer.
The Zoning Officer shall require the applicant to produce a recent
survey of the subject land, if necessary, to provide exact locations
and eliminate discrepancies.
(2)
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for a zoning use permit shall provide all information as required by the Floodplain Management Ordinance (Chapter 8, Part 1) and the Stormwater Management Ordinance (Chapter 26, Part 1), including but not limited to the following information or documents:
(a)
Plans of all proposed buildings, structures and other improvements,
drawn at required scale, showing the following:
[1]
The proposed lowest floor elevation of any proposed building
based upon National Geodetic Vertical Datum of 1929.
[2]
The elevation of the one-hundred-year flood.
[3]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a one-hundred-year flood.
[4]
Detailed information concerning any proposed floodproofing measures.
(b)
The following data and documentation:
[1]
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
in a floodplain area, when combined with all other existing and anticipated
development, will not increase the elevation of the one-hundred-year
flood more than one foot at any point.
[2]
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the one-hundred-year flood.
Such document shall include a description of the type and extent of
floodproofing measures which have been incorporated into the design
of the structure, building and/or development.
[3]
Detailed information needed to determine compliance with this
chapter, including:
[a]
The amount, location and purpose of any dangerous
materials or substances which are intended to be used, produced, stored
or otherwise maintained on site.
[b]
A description of the safeguards incorporated into
the design of the proposed structure to prevent leaks or spills of
the dangerous materials or substances listed in § 8-124
hereof during a one-hundred-year flood.
(3)
To be considered for approval, a copy of all plans and applications
for any proposed construction or development in any identified floodplain
area may be submitted by the Zoning Officer to any other appropriate
agencies and/or individuals for review and comment.
(4)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection and
the Butler County Conservation District, to implement and maintain
erosion and sedimentation control.
F.
The Zoning Officer shall issue a zoning use permit only after it
has been determined that the proposed work to be undertaken will be
in conformance with the requirements of this and all other applicable
codes and ordinances.
(1)
Prior to the issuance of any zoning use permit, the Zoning Officer
shall determine if the following permits and administrative requirements
have been initiated by the applicant:
(a)
Sewage disposal. Determine if an on-lot permit has been issued
by the Sewage Enforcement Officer or if a sanitary sewer tap-in application
has been approved by the sanitary authority with jurisdiction.
(b)
Driveway permit. Determine if a driveway permit application
has been filed.
(c)
Zoning occupancy permit. Determine if a zoning occupancy permit
application has been filed.
(d)
House number. Determine if a house number application has been
filed.
(e)
Subdivision plan. Determine if the proposed building is in a
recorded subdivision or that a deed has been prepared.
(f)
Land development plan. Determine if the building is in an approved
land development plan.
(g)
Airport overlay zone. Determine if a permit is necessary with
respect to the Butler County and Zelienople Airport Overlay Zones.
(h)
Erosion and sedimentation control permit. Determine if application has been made to Butler County Conservation District, and if delineated wetlands have been fenced as per the provisions of the Subdivision and Land Development Ordinance (Chapter 22).
(i)
Stormwater permit. Determine if a permit is necessary and if
application has been made.
(j)
Pennsylvania Department of Transportation or Township driveway
permit. Determine which permit is required and if application has
been made.
(2)
Other applicable federal, state, county and local permits and/or
approvals have been obtained.
(3)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by Jackson Township,
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection, Bureau of Dams and
Waterway Management.
(4)
In addition, the Federal Insurance Administrator and Pennsylvania
Department of Community Affairs and Economic Development shall be
notified by Jackson Township prior to any alteration or relocation
of any watercourse.
G.
No application shall be deemed administratively complete until all
documentation required by this chapter has been received by the Zoning
Officer and all applicable fees are paid. Deficiencies in the application
will be communicated to the applicant in writing.
H.
Action on zoning use permits.
(1)
Applications for a zoning use permit shall be reviewed by the
Zoning Officer.
(2)
A copy of all plans and applications for any proposed permit
located within an identified floodplain or for buildings, structures
and accessory uses other than single-family dwelling types shall be
immediately delivered to the Township Planning Commission and Township
Engineer for review and comment.
(3)
In the event of a denial, the Zoning Officer shall state in
writing the reason(s) for such denial, including the citation of the
specific section(s) of this or other pertinent ordinances.
(4)
Upon approval of the request for a zoning use permit, one copy
of the site plan shall be returned to the applicant along with one
copy of the zoning use permit which shall be publicly displayed at
the building site during the course of construction at such site.
One copy of such permit shall be kept on file in the Township office.
(5)
The zoning use permit issued shall be prominently posted upon
the permitted premises prior to work being undertaken to place, erect,
construct, alter, reconstruct, or add to a building or structure.
The failure or neglect of the applicant to prominently post the permit
and maintain the same throughout the duration of the permitted work
shall be a violation of this chapter. Duplicate permits shall be issued
by the Zoning Officer without additional charge. Loss, destruction,
or defacement of any posted permit must be promptly reported to the
Zoning Officer within 24 hours after such event or casualty, Sundays
and legal holidays excepted.
(6)
All zoning use permits shall expire upon completion of the work
authorized therein to be done or within one year from the issuance
thereof, whichever event shall first occur. Permits may be issued
for periods in excess of one year upon cause shown. Any provision
hereof to the contrary notwithstanding, a zoning use permit shall
expire if the work authorized therein to be done is not commenced
within 180 days from the date of issuance thereof. Renewal of such
permit will be granted only upon reapplication for the permit and
payment of the applicable fee.
(7)
After the issuance of a zoning use permit by the Zoning Officer,
no changes of any kind shall be made to the application, permit, or
any of the plans, specifications or other documents submitted within
the application without the written consent or approval of the Zoning
Officer. Requests for any such change shall be in writing, and shall
be submitted by the applicant to the Zoning Officer for consideration.
(8)
In the event the Zoning Officer discovers and/or determines
that the work under an approved zoning use permit does not comply
with the permit application or any applicable laws and ordinances,
or that there has been a false statement or misrepresentation by any
applicant, the Zoning Officer shall revoke the zoning use permit and
report such incident to the Board of Supervisors. Any such incident
shall constitute a violation of this chapter.
I.
Inspection.
(1)
In the discharge of his duties, the Zoning Officer shall have
the authority to enter any building, structure, premises or development,
upon presentation of proper credentials, at any reasonable hour to
enforce the provisions of this chapter.
(2)
At the completion of construction, the applicant shall notify
the Zoning Officer when construction is complete. The Zoning Officer
shall inspect the site. A record shall be made indicating the time
and date of the inspection, the findings of the Zoning Officer in
regard to conformance to this chapter, and the determination of the
Zoning Officer in regard to the issuance of a zoning occupancy permit.
A.
Permit required. A zoning occupancy permit shall be required prior
to:
(1)
Occupying and using a new principal building or structure or
one that has been structurally altered, except buildings housing agricultural
operations for which a building permit is not required by the Township
Building Code.
(2)
Occupying and using a principal building or structure that has
been moved or relocated, except buildings housing agricultural operations
for which a building permit is not required by the Township Building
Code.
(3)
Changing the use and/or ownership and/or tenancy of an existing
building, structure, water body, or area of land.
(4)
Changing or extending a nonconforming use, building, or structure.
(5)
Changing the tenancy of any dwelling unit.
(6)
Occupying any previously vacant public, commercial or industrial
building.
B.
Application for permit.
(1)
All requests for a zoning occupancy permit shall be made in
writing, on a Township-furnished form, by the owner, lessee, or other
authorized agent and shall include a statement of the type of proposed
occupancy intended for the building, land or water body.
(2)
One copy of a plot/plan showing lot dimensions and exact size
and location of the building, use, and/or structure as certified by
a Pennsylvania registered land surveyor may be required to accompany
a request for a zoning occupancy permit. Such plot/plan requirement
may be waived by the Zoning Officer when the capital value of new
construction does not exceed $1,500, when the occupancy involves a
residential accessory use, or when the occupancy involves an existing
building or structure for residential use only.
(3)
A zoning occupancy permit, either for the whole or part of a
new building or for the structural alteration of an existing building,
may be applied for coincident with the application for a zoning use
permit and shall be issued upon completion of construction after inspection
shows the same to be in conformance with the provisions of this chapter.
(4)
A zoning occupancy permit for a change of use in an existing
building shall be applied for and shall be issued before any such
building shall be occupied, used, or changed in use.
(5)
It shall be the duty of the Zoning Officer to review the application
within 14 days from the date of initial submission to determine and
inform the applicant whether the application is administratively complete.
(6)
All applications for a zoning occupancy permit shall be accompanied
by a fee to be based upon the fee schedule of the Township as from
time to time set by resolution of the Board of Supervisors.
C.
Action on zoning occupancy permits.
(1)
Upon approval of the request for a zoning occupancy permit,
one copy of this permit shall be given to the applicant, and one copy
of the permit shall be kept on file in the Township office.
(2)
In the event of denial, the Zoning Officer shall forward to
the applicant a written statement containing the reason(s) for such
denial.
(3)
A zoning occupancy permit shall remain valid for as long as
the structure or building is occupied by the person or corporate entity
in whose name the permit has been issued.
D.
Inspection.
(1)
The Zoning Officer, or his duly appointed representative, shall
make an inspection of a new, structurally altered or relocated building
or structure or a building or structure for which a change of use
is proposed. Such inspection may be made upon the completion of construction,
if applicable, and may be made at the same time that the final inspection
required under the zoning use permit process is conducted.
(2)
A record shall be made indicating the time and date of the inspection
and the findings of the Zoning Officer in regard to conformance to
this chapter.
(3)
Such inspection may be made upon other properties for which
a zoning occupancy permit has been requested if the Zoning Officer
deems it necessary.
E.
It shall be unlawful for any person, business association, partnership,
or corporation to occupy or cause to be occupied any building or structure
unless and until a zoning occupancy permit has been obtained from
the Zoning Officer.
F.
A temporary zoning occupancy permit may be issued by the Zoning Officer
if the proposed tenants or owners of the building desire to occupy
the building or a part thereof before all of the site improvements
are complete in accordance with the following:
(1)
A temporary zoning occupancy permit shall not be granted if
the unfinished or incomplete improvements are essential to the use
or affect the health or safety of the tenants or the general public.
(2)
A temporary zoning occupancy permit shall be issued for a period
not to exceed 180 days, and the length of the permit's duration shall
be based on the scope of the project and the season when the permit
is issued. The Zoning Officer shall determine the duration of the
temporary zoning occupancy permit.
(3)
A temporary zoning occupancy permit may be renewed one time,
if good cause is demonstrated by the applicant, for a period not to
exceed 60 days.
(4)
If the required site improvements are not complete at the expiration
of the temporary zoning occupancy permit, the applicant or owner shall
be issued a notice of zoning violation. If the required site improvements
are complete at the expiration of the temporary zoning occupancy permit,
the Zoning Officer shall issue a permanent zoning occupancy permit.
(5)
The Zoning Officer may require an applicant for a temporary
zoning occupancy permit to execute an agreement specifying the conditions
of the temporary zoning occupancy permit. Also, if any site improvements
are not complete when the temporary zoning occupancy permit application
is filed, the applicant shall provide the Township with financial
security in a form acceptable to the Township Solicitor to cover the
costs of the incomplete site improvements. An itemized cost estimate
specifying the incomplete site improvements shall be submitted with
the financial security.
A.
Permit required. A temporary use permit shall be required prior to
the initiation of a permitted, temporary use of a structure, land,
or water body for the following:
(1)
The periodic sale of crafts such as leather goods, furniture
or art from a vehicle.
(2)
The sale of special event T-shirts, clothing items, or sports-related
items from a vehicle.
(3)
Sidewalk sales and other similar activities, which shall be
permitted only in commercially zoned areas and only for a maximum
of seven consecutive days, limited to three per year.
(4)
Temporary structures and construction trailers.
(5)
Carnivals.
(6)
Circuses.
(7)
Commercial motion pictures being made by any analog or digital
recording device.
B.
Application for permit.
(1)
All requests for temporary permits shall be made in writing
on a form furnished by the Township and shall include a full description
of the type of use for which such permit is being sought and the dates
during which this use shall be in existence.
(2)
It shall be the duty of the Zoning Officer to review the application
for completeness within seven days of initial submission to determine
and inform the applicant whether the application is administratively
complete.
(3)
Unless such requirement is waived by the Board of Supervisors,
all applications for a temporary permit shall be accompanied by a
fee, in the amount set from time to time by resolution of the Board
of Supervisors.
C.
Action on temporary permits.
(1)
Upon approval of the request for a temporary permit, one copy
of this permit shall be given to the applicant. This copy of the permit
must be publicly displayed at the site of the temporary use during
the existence of this use. One copy of the permit shall be kept on
file in the Township office.
(2)
In the event of denial, the Zoning Officer shall forward to
the applicant a written statement containing the reason(s) for such
denial.
(3)
Temporary permits are valid for one week to four weeks during
any one calendar year. For roadside stands, said permit is valid for
one year, renewable upon reapplication.
(4)
No temporary permit shall be issued for any temporary use where
said use would violate any of the provisions of this chapter.
D.
Inspection.
(1)
The Zoning Officer, or his duly appointed representative, the
Township Emergency Management Coordinator and/or the Township Fire
Marshal may make an inspection of the property on which such temporary
use is to be located to determine the suitability of the site for
the use. This inspection shall be made prior to issuing a permit,
prior to initiation of the use, or in the event a renewal of the permit
is requested, during the time the use is in existence.
(2)
In the event of such inspection, a record shall be made indicating
the time and date of the inspection, the findings of the Zoning Officer
in regard to conformance with this chapter, and other Township ordinances,
and the opinion of the Zoning Officer in regard to the suitability
of the site for this use.
E.
It shall be unlawful for any person, firm, business, association,
partnership or corporation to temporarily use any land, building or
other structure or waterway or watercourse without having first obtained
a permit from the Zoning Officer.
