[Ord. No. 2-1995, § 2101, 4/11/1995]
For the administration of this chapter a Zoning Officer, who
shall not hold any elective office in the Township, shall be appointed.
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 change of use which does not conform to this chapter. The Zoning
Officer shall meet the qualifications established by the Township
and shall be able to demonstrate to the satisfaction of the Township
a working knowledge of municipal zoning.
[Ord. No. 2-1995, § 2102, 4/11/1995]
It shall be the duty of the Zoning Officer to enforce the provisions
of this chapter and such power and authority as is necessary for enforcement
is hereby conferred upon the Zoning Officer. The Zoning Officer shall
examine all applications for permits, issue permits for construction
and uses which are in accordance with the requirements of this chapter,
record and file all applications for permits with accompanying plans
and documents and make such reports as the Board of Supervisors may
require. Permits for construction and uses which are a special exception
or a variance to requirements of this chapter shall be issued only
upon written order of the Zoning Hearing Board. Permits which are
a conditional use shall be used only upon approval of such conditional
use by the Township Supervisors.
[Ord. No. 2-1995, § 2103, 4/11/1995; Ord. No. 2-2007, § 19, 5/22/2007]
1. Requirements of permits. A building and/or zoning permit shall be required prior to: (A) erection, addition or alteration of any building or portion thereof; (B) the use or change in use of a building or land; (C) the change or extension of a nonconforming use; and (D) the erection or alteration of any sign requiring a permit as per §
27-1708 of this chapter. It shall be unlawful for any person to commence work for the erection or alteration of any building or for a change in land use until a permit has been duly issued therefor.
2. Application for permits. All applications for permits shall be accompanied
by plans in duplicate drawn to scale, showing the actual shape and
dimensions of the lot to be built upon, the exact size and location
of any buildings existing on the lot, the lines within which the proposed
building or structure shall be erected or altered, the existing and
intended use of each building or part of a building, the number of
families or dwelling units the building is designed to accommodate
and such information as may be necessary to determine compliance with
this chapter and all other ordinances. One copy of such plans shall
be returned to the owner when such plans have been reviewed and acted
upon by the Zoning Officer. Also, applications with accompanying plans
and documents shall become a public record after a permit is issued
or denied.
3. Issuance of permits. No permit shall be issued until the Zoning Officer
has certified that the proposed use, building, addition or alteration
complies with all the provisions of this chapter as well as the provisions
of all other applicable ordinances. A permit issued hereunder shall
become void 12 months after issuance date unless a request for extension
has been submitted to and approved by the Zoning Officer. Such request
shall be filed with the Zoning Officer at least 30 days prior to the
permit expiration date.
4. Temporary permits. A temporary permit may be authorized by the Zoning
Hearing Board for a structure or use 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 Township. Such permits shall be issued
for a specified period of time not to exceed one year and may be renewed
annually for an aggregate period not exceeding three years.
[Ord. No. 2-1995, § 2105, 4/11/1995]
1. It shall be the duty of the Zoning Officer, or his duly appointed
representative, to make he following minimum number of inspections
of property for which a permit has been issued:
A. At the beginning of construction. A record shall be made indicating
the time and date of inspection and the finding of the Zoning Officer
in regard to conformance of the construction with plans submitted
with the approved permit application. If the actual construction does
not conform to the application a written notice of violation shall
be issued by the Zoning Officer and such violation shall be discontinued.
Upon proper correction of the violation and receipt of written notice
from the Zoning Officer, construction shall proceed.
B. At the completion of construction. 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 opinion of the Zoning
Officer in regard to the issuance of a certificate of use permit.
[Ord. No. 2-1995, § 2106, 4/11/1995]
The Township Supervisors shall establish a schedule of fees,
charges and expenses as well as a collection procedure for zoning
permits, certificates of occupancy, appeals, variances, conditional
uses, special exceptions, amendments, bonds and other matters pertaining
to this chapter. The schedule of fees shall be posted in the office
of the Zoning Officer and may be amended only by the Township Supervisors.
Such fees shall be payable to the Township and until all applicable
fees, charges and expenses have been paid in full, the application
shall be considered incomplete and no action shall be taken on any
application or appeal.
[Ord. No. 2-1995, § 2106, 4/11/1995]
1. A certificate of use shall be a statement issued by the Zoning Officer
setting forth that a building, parcel and/or use of land complies
with the provisions of this chapter.
2. No vacant land shall be occupied or used and no structure or part
of a structure, hereafter erected, substantially altered or changed
in use shall be occupied or used until a certificate of use shall
have been issued by the Zoning Officer.
3. A certificate of use or occupancy of vacant land or for a change
in the use of land or for a change in the use of an existing building
either for a whole or part of a new building or for the alteration
of an existing building shall be applied for coincident with the application
for a building or zoning permit and shall be issued or denied with
15 days after a final inspection and approval by the Zoning Officer.
4. A certificate of use for changing or extending a nonconforming use,
existing at the time of the passage of this chapter, or of an amendment
thereto, shall be applied for and granted by the Zoning Hearing Board
before any such nonconforming use shall be changed or extended. Such
certificate shall be issued within 15 days after a final inspection
by the Zoning Officer.
5. A record of all certificates of use shall be kept on file in the
office of the Zoning Officer and a copy shall be furnished on request
to any person having a proprietary or tenancy interest in the building
or land affected.
[Ord. No. 2-1995, § 2107, 4/11/1995]
1. A certificate of nonconformance shall be issued by the Zoning Officer
to the owner of any property which, at the time of the effective date
of this chapter, is identified as containing a nonconforming use or
structure. The owner's property and the issuance date of such certificate
shall be registered in the records of the Township as follows:
A. The certificate of nonconformance shall set forth in detail all of
the nonconforming conditions of said property.
B. A copy of the certificate of nonconformance shall be retained and
filed by the Zoning Officer for the Township registration.
C. The certificate shall be for the purposes of insuring the owner,
his heirs, successors and assigns the right to continue a nonconforming
use in accordance with the regulations of this chapter.
[Ord. No. 2-1995, § 2108, 4/11/1995]
Applications for any special exceptions to be granted permitted by this chapter shall be made to the Zoning Hearing Board through the Zoning Officer. The Zoning Hearing Board shall refer the matter to the Planning Commission for report thereon as to its effect on the Comprehensive Plan of the Township of South Hanover pursuant to §
27-2112, Subsection
1D, of this chapter.
[Ord. No. 2-1995, § 2109, 4/11/1995]
Conditional uses such as provided herein shall be allowed or
denied by the Township Supervisors pursuant to public notice and hearing
and pursuant to the standards set forth in this chapter. Applications
for a conditional use specified in this chapter shall be submitted
to the Zoning Officer who shall refer such applications to the Township
Planning Commission for review and comment. The Planning Commission
shall review the application pursuant to the standards set forth in
this chapter and submit its recommendations to the Township Supervisors.
In allowing a conditional use the Township Supervisors may attach
such reasonable conditions and safeguards, in addition to those expressed
in this chapter, as it may deem necessary to implement the purpose
of this chapter and the Pennsylvania Municipalities Planning Code,
as amended.
[Ord. No. 2-1995, § 2110, 4/11/1995]
1. An appeal or application for an amendment, special exception, conditional
use or variance from the terms of this chapter shall be filed with
the Zoning Officer and shall contain:
A. The name and address of the applicant.
B. The name and address of the owner of the real estate to be affected
by such proposal as well as names and addresses of all adjoining property
owners.
C. A brief description and location of the real estate to be affected
by such proposal.
D. A statement of the present zoning classification of the real estate
in question, the improvements thereon and the present use thereof.
E. A statement of the section of this chapter under which the appeal
or application is filed and reasons why it should be allowed or a
statement of the section of this chapter governing the situation in
which the alleged erroneous ruling is being appealed and reasons for
the appeal.
F. A reasonably accurate description of the present improvements and
the additions intended to be made under this application, indicating
the size of such proposed improvement, materials and general construction
thereof. In addition, there shall be attached a plot plan of the real
estate to be affected, as required to accompany applications for building
permits indicating the location and size of the lot and locations
of improvements now erected and proposed to be erected thereon.
G. Any other pertinent data required by the Zoning Hearing Board, Township
Supervisors and/or Zoning Officer as appropriate to their individual
authorities set forth in this chapter.
[Ord. No. 2-1995, § 2111, 4/11/1995]
1. Failure to comply with any provision of this chapter, failure to
secure a permit, Zoning Hearing Board or Township supervisor's certification,
when required, previous to the erection, construction, extension or
addition to a building or failure to secure a certificate of use shall
be violations of this chapter.
A. Notice of violation.
(1)
When written notice of a violation of any of the provisions
of this chapter has been served by the Zoning Officer on the owner,
agent or occupant or contractor, such violation shall be discontinued
immediately.
(2)
All appeals from determinations by the Zoning Officer under
this section shall be to the Zoning Hearing Board within 30 days of
the date of the determination.
B. Causes of action. 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 proper 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 of 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 Township Supervisors. No such action may be
maintained until such notice has been given.
C. Enforcement remedies.
(1)
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 therefore 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 district justice. 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 district
justice 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
by the district justice and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation shall be paid over to the
Township of South Hanover.
(2)
The court of common pleas, upon petition, may grant an order
of stay, upon cause shown, tolling the per diem fine pending a final
adjudication of the violation and judgment.
(3)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence an action for enforcement pursuant to this section.
[Ord. No. 2-1995, § 2112, 4/11/1995]
1. The Township Supervisors shall appoint a Zoning Hearing Board which shall be composed of three members, organized, empowered and conducted in accordance with Article
IX of the Pennsylvania Municipalities Planning Code (53 P.S. § 10901) existing or hereafter as amended and supplemented (the "code"). The duly established Zoning Hearing Board shall have the following functions:
A. Hearings. The Zoning Hearing Board shall conduct hearings and make
decisions in accordance with Section 908 of the code. Notice shall
be given to the public, the applicant, the county Planning Commission,
the Zoning Officer, such other persons as the Zoning Hearing Board
shall designate and any person who has made timely request for the
same. Notice shall be given at such time and in such manner prescribed
by adopted rules of the Zoning Hearing Board. The Township Supervisors
may establish reasonable fees, based on cost, to be paid by the applicant
and persons requesting any notice or materials not required by ordinance.
B. Jurisdiction. The Zoning Hearing Board shall have exclusive jurisdiction
to hear and render final adjudications in the following matters as
set forth in the code.
(1)
Substantive challenges to the validity of any land use ordinance
except those brought before the Board of Supervisors pursuant to Sections
609(1) and 916.1(a)(2) of the code.
(2)
Challenges to the validity of a land use ordinance 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 said ordinance.
(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 cease and
desist order or the registration or refusal to register any nonconforming
use, structure or lot.
(4)
Appeals from a determination by the Township Engineer or the
Zoning Officer with reference to the administration of any floodplain
or flood hazard ordinance or such provisions within a land use ordinance.
(5)
Applications for variances from the terms of this chapter and the Flood Hazard Ordinance [Article
XIV of this chapter] or such provisions within a land use ordinance pursuant to Section 910.2 of the code.
(6)
Applications for special exceptions under this chapter or the
Flood Hazard Ordinance or such provisions within a land use ordinance
pursuant to Section 912.1 of the code.
(7)
Appeals from the determination of any officer or agency charged
with the administration of any transfer of development rights or performance
density provisions of this chapter.
(8)
Appeals from the Zoning Officer or Township Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Article
V or
VII of the code.
C. Variances. The Zoning Hearing Board shall hear requests for variances
where it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The Zoning Hearing Board shall prescribe
the form of application and require application to the Zoning Officer.
The Zoning Hearing Board may grant a variance provided the following
findings are made where relevant in a given case:
(1)
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.
(2)
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.
(3)
Such unnecessary hardship has not been created by the appellant.
(4)
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.
(5)
The variance, if authorized, will represent the minimum variance
that will afford relief and represent the least modification possible
of the regulation in issue.
D. Special exceptions. Special exceptions may be granted or denied by
the Zoning Hearing Board pursuant to expressed standards and criteria
contained in this chapter. The Zoning Hearing Board shall hear and
decide requests for such special exceptions in accordance with such
standards and criteria and prescribe the application form to be used.
In granting a special exception the Zoning Hearing Board may attach
such reasonable conditions and safeguards, in addition to those expressed
in this chapter, as it may deem necessary to implement the purposes
of this chapter. The Zoning Hearing Board shall pursue the following
procedure:
(1)
The Zoning Hearing Board's decision to grant a permit for use
by special exception shall be made only after application, public
notice and a public hearing. Such permit shall apply specifically
to the application and plans submitted and presented at this public
hearing. Any subsequent amendments or additions shall be subject to
review and public hearing by the Zoning Hearing Board as a special
exception.
(2)
No application for a permit shall be granted by the Zoning Hearing
Board for any special exception use until said board has first received
and considered an advisory report on the application from the Planning
Commission with respect to the location of such use in relation to
the needs and growth pattern of the Township of South Hanover and,
where appropriate, with reference to the adequacy of the site area
and the arrangement of buildings, driveways, parking areas, off-street
loading and unloading spaces and other pertinent features of the proposal.
(3)
The Planning Commission shall have 30 days from the date of
its receipt of the application within which to file its report thereon.
In the event that the Planning Commission shall fail to file its report
within 30 days such application shall be deemed to have been approved
by the Planning Commission. The Planning Commission may have representation
at the public hearing held by the Zoning Hearing Board on such application.
After receipt of the report the Zoning Hearing Board shall hear the
application in the same manner and under the same procedure as it
is empowered by law and ordinance to hear cases and make exceptions
to the provisions of this chapter. The Zoning Hearing Board may thereafter
direct the Zoning Officer to issue a permit if, in its judgment, the
request will not be detrimental to the health, safety and general
welfare of the Township.
(4)
A special exception use for which a permit is granted by the
Zoning Hearing Board pursuant to the provisions of this section shall
be construed to be a conforming use.
E. Parties appellant before the Zoning Hearing Board. Appeals raising
the substantive validity of any land use ordinance (except those to
be brought before the Township Supervisors) pursuant to the Pennsylvania
Municipalities Code, procedural questions or alleged defects in the
process of enactment or adoption of a land use ordinance or 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 cease and desist order or the registration
or refusal to register any nonconforming use, structure or lot, from
a determination of the Zoning Officer or Township Engineer in the
reference to sedimentation and erosion control and stormwater management
insofar as the same relate to development not involving subdivision
and development or planned residential development may be filed with
the Board in writing by the landowner affected, any officer or agency
of the Township or any person aggrieved. Requests for a variance and
for special exception may be filed with the Board by any landowner
or any tenant with the permission of such landowner.
F. Time limitation.
(1)
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after an application for development,
preliminary or final, has been approved by the Township if such proceeding
is designed to secure reversal or to limit the approval in any manner
unless such person alleges and proves that he failed to receive adequate
notice of such approval. If such person has succeeded to his interest
after such approval, adequate notice to his predecessor in interest
shall be deemed adequate notice to him. The failure of anyone other
than the landowner to appeal from an adverse decision on a tentative
plan or from an adverse decision by the Zoning Officer on a challenge
to the validity of this chapter or an amendment hereto or map or an
amendment thereto shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative approval.
(2)
No issue of alleged defect in the process of enactment of any
ordinance or map or any amendment thereto shall be raised in any proceeding
filed with the Board later than 30 days from the time such ordinance,
map or amendment takes effect unless the person raising such issues
alleges and proves that he failed to receive adequate notice of the
enactment or amendment. If such person has succeeded to his interest
after the enactment of the ordinances, adequate notice to his predecessor
in interest shall be deemed adequate notice to him.
(3)
All appeals from determinations adverse to the landowner shall
be filed by the landowner within 30 days after notice of the determination
is issued.
G. Stay of proceedings.
(1)
Upon filing of any appeal proceeding before the Zoning Hearing
Board and during its pendency before the Zoning Hearing Board, all
land development pursuant to any challenged ordinance, order or approval
of the Zoning Officer or of 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
which case the development or official action shall not be stayed
otherwise than by a restraining order which may be granted by the
Zoning Hearing Board or by the court having jurisdiction of zoning
appeals, on petition, after notice to the Zoning Officer or other
appropriate agency or body. 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 Zoning Hearing Board by persons
other than the applicant, the applicant may petition the court having
jurisdiction of zoning appeals to order such persons to post bond
as a condition to continuing the proceedings before the Board.
(2)
The question whether or not such petition should be granted
and the amount of the bond shall be within the sound discretion of
the court. An order denying a petition for bond shall be interlocutory.
An order directing the responding party to post a bond shall be interlocutory.
[Ord. No. 2-1995, § 2113, 4/11/1995]
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the health, safety, morals and general welfare. It is not intended
to interfere with or abrogate or annul other rules, regulations or
ordinances; provided, that where this chapter imposes a greater restriction
upon the use of buildings or premises or upon the height of a building
or requires larger spaces than are imposed by such other rules, easements,
covenants, restrictions, regulations or ordinances, the provisions
of this chapter shall control.