Borough of East Pittsburgh, PA Article XI Administration and Enforcement

§ 375-73 Zoning approval for structural alteration or erection of structures.

A. Compliance required. No structure shall be erected, added to or otherwise have any structural alterations made to it until zoning approval has been issued by the Borough. No zoning approval shall be issued for any structure where said construction, addition, structural alteration or use thereof would be in violation of any of the provisions of this chapter, except after such written order from the Board or the Council as this chapter may require. No zoning approval for structural alteration and erection of structures shall be issued until prior approvals and requirements of this chapter and the Subdivision and Land Development Ordinance have been complied with, including but not limited to conditional use, use by special exception, and recording of the final plat of a subdivision or land development. Any zoning approval issued in conflict with the provisions of this chapter shall be null and void.

B. Application content. All applications for development for zoning approval for structural alteration or erection or structures shall be in the form set forth in this chapter; the Subdivision and Land Development Ordinance, if applicable; and in the Building Code. The application for development for zoning approval for structural alteration or erection of structures shall include the following:

(1) Two copies of application form, provided by the Borough and completed by the applicant.

(2) For authorized uses by right that are not land developments: two copies of site plan of the site clearly and legible drawn at a scale of one inch being equal to not more than 50 feet, or less, showing the following:

(a) Name of applicant and landowner.

(b) Name of development, if any.

(c) Evidence of preparation by an architect, landscape architect, engineer, or surveyor.

(d) Graphic and written scale.

(e) North arrow.

(f) Dates of preparation and revisions of site plan.

(g) A site location map.

(h) Property lines for the entire lot or site and adjacent parcels, and lot width.

(i) Site or lot area and net site or net lot area, lot coverage, impervious surfaces and percentage of impervious surfaces.

(j) Location and dimensions of existing and proposed public and private streets, driveways, sidewalks and other pedestrianways, and other impervious surfaces on the lot or site and within 100 feet of the perimeter of the lot or site.

(k) Existing and proposed structures with proposed density and approximate height of structures indicated for each proposed type of structure and use, existing and proposed gross floor area and building area.

(l) Proposed location and dimensions of all yards and open spaces.

(m) Topography, showing existing and proposed contours at vertical intervals of two feet if the general slope is less than 10% and at intervals of five feet if the general slope is 10% or greater and indications of compliance with steep slope limitations set forth in § 375-22.

(n) General proposals for the disposition of stormwater runoff.

(o) Proposals for the disposition of sanitary wastes and the provision of water supplies.

(p) Delineation of any portion of the lot or site in mature woodlands or other woodlands showing delineation and percentage of each that will remain uncut and undisturbed during construction or development.

(q) Delineation of any portion of the lot or site in identified floodplain areas or wetlands.

(r) If any proposed construction or development is located entirely or partially within any identified floodplain area, the following additional information:

[1] Information pertaining to the floodway.

[2] The flow of water, including direction, pressures, velocities, impact and uplift forces, and elevation of the 100-year flood.

[3] Lowest floor elevation of any existing or proposed structures.

(3) For uses authorized by conditional use, or special exception, and for uses that are land developments, two copies: final site development plans containing the information required for a site plan in accordance with § 375-73B(2) for uses by right and, in addition, information demonstrating conformity with the conditional use, special exception, planned development, or land development approved by the Borough Council.

(4) Two copies: construction plans as required by the Building Code.[1]

[1] Editor's Note: See Ch. 198, Construction Codes, Uniform.

(5) Such other information as lawfully may be required by the Zoning Officer to determine conformance with this chapter, the Subdivision and Land Development Ordinance, including but not limited to the names of all the legal or beneficial owners of the applicant if the applicant is a corporation or a partnership; and

(6) Required fee.

C. In approving an application for development, the Zoning Officer may require such changes in plans for construction, addition, structural alteration or use of such structures or lots as may be necessary to assure compliance with this chapter.

D. Zoning approval for any structure or use may be revoked and withdrawn by the Zoning Officer if the holder of the zoning approval has failed to comply with the requirements of this chapter or with any conditions attached to the issuance of the zoning approval, and the holder of the zoning approval may be subject to penalties as provided by this chapter.

E. Expiration and extension.

(1) Temporary structures. Erection of temporary structures shall be completed within 30 days of issuance of zoning approval for structural alteration and erection of structures. Upon written request from the applicant, the Zoning Officer may extend the zoning approval.

(2) Other structures. If no application for a grading or building permit to undertake work described in an application for zoning approval for structural alteration or erection of structures, other than temporary structures, has been submitted within 12 months of issuance of zoning approval for structural alteration or erection of structures, said zoning approval shall expire automatically without written notice to the developer unless the Borough Council, in its sole discretion, extends the zoning approval upon written request of the developer received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

§ 375-74 Zoning approval for occupancy and use.

A. It shall be unlawful to use or occupy any structure or lot or part thereof until zoning approval has been issued by the Borough. Zoning approval shall state that the proposed use of the structure or lot conforms to the requirements of this chapter. Any change in use category shall require the requisite approval as set forth in § 375-29, Table of Authorized Uses.

B. No nonconforming structure, use or lot shall be maintained, renewed, changed, or otherwise have any structural alterations made to it or extended until a zoning approval has been issued by the Borough.

C. Where zoning approval for occupancy and use is necessary to allow an occupancy permit to be issued pursuant to the Building Code,[1] and where a building permit has been issued, zoning approval for occupancy and use shall be applied for within 10 working days after the erection of the structure or structural alteration has been completed.

[1] Editor's Note: See Ch. 198, Construction Codes, Uniform.

D. Temporary zoning approval. Temporary zoning approval may be granted by the Zoning Officer upon filing of a written application for development for temporary zoning approval for occupancy and use when a temporary or permanent occupancy permit is authorized and is eligible for approval under the Building Code or when all work described in the application for development is not complete, and subject to the following:

(1) The applicant shall post an acceptable financial security to the Borough to guarantee completion of the work described in an application for development for zoning approval and of all conditions attached to zoning approval within a specified time period.

(2) There shall be no violations of applicable zoning district regulations.

E. Where zoning approval for occupancy and use is necessary in order to allow an occupancy permit to be issued pursuant to the Building Code for a new or changed use of a lot and where no building permit is required, zoning approval for occupancy and use shall be made directly to the office of the Zoning Officer.

F. Zoning approval under this section shall be issued, or a written notice stating why a zoning approval cannot be issued shall be given to the applicant.

G. Temporary structures. During the time of construction of a structure for which zoning approval has been granted and a building permit has been issued, the Zoning Officer may issue zoning approval for occupancy and use of a temporary structure for a period not to exceed 12 months. Zoning approval for a temporary structure may be extended upon reapplication at the discretion of the Zoning Officer. Zoning approval for a temporary structure shall be canceled upon written notice by the Zoning Administrator if construction of the permanent structure is not diligently pursued.

H. Failure to obtain zoning approval shall be a violation of this chapter and may be subject to penalties as provided by this chapter.

I. The Zoning Officer shall maintain a record of all zoning approvals issued.

§ 375-75 Financial security.

Prior to granting zoning approval for structural alteration and erection of structures or zoning approval for occupancy and use or any other approval required by this chapter wherein the developer is required or has agreed, as a condition of approval, to remove or demolish any structure or to provide certain public and private improvements, the developer shall provide financial security in accordance with the provisions of the Subdivision and Land Development Ordinance. Financial security shall not be required for the costs of any improvements for which financial security is required by and provided to the Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 420 of the Act of June 1, 1945, known as the "State Highway Law," 36 P.S. § 670-101 et seq.

§ 375-76 Zoning Officer.

A. Appointment. The Zoning Officer shall be appointed by Borough Council and shall administer and enforce this chapter.

B. Duties of the Zoning Officer. In order to administer and enforce this chapter, the Zoning Officer shall:

(1) Administer and enforce the provisions of 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.

(2) Receive all applications for building permits, zoning certificates and occupancy permits and maintain records thereof.

(3) Receive, file and forward to the Borough Council all applications for conditional uses and maintain records thereof.

(4) Work with the Building Code Official to issue building permits, certificates of occupancy and occupancy permits for all applications that have been reviewed and approved according to the provisions of this chapter and other applicable ordinances.

(5) Maintain a permanent file with all zoning certificates, occupancy permits, and applications as public records.

(6) Receive, review and issue permits for fences, accessory uses, signs and temporary uses.

(7) Receive, file and forward to the Zoning Hearing Board the records in all appeals and all applications for variances and maintain records thereof.

(8) Inspect buildings, structures, and uses of land to determine compliance with the provisions of this chapter.

(9) Issue enforcement notices for violation of any provision of this chapter.

(10) Initiate civil enforcement proceedings for failure to comply with enforcement notices unless the Borough Council, after receipt of the enforcement notice, directs to the contrary by motion or resolution.

(11) Initiate, with approval or at direction of the Borough Council, appropriate equitable enforcement action to prevent, restrain, abate or correct any violation of this chapter.

(12) Revoke any order or zoning use or occupancy permit issued under a mistake of fact or contrary to the provisions of this chapter.

(13) The Zoning Officer may make and maintain accurate and current records of all legal nonconformities under this chapter.

(14) The Zoning Officer may identify and register all nonconforming uses and structures as required by law. A zoning certificate shall then be issued to the owner of said use or structure.

§ 375-77 Zoning Hearing Board.

A. Membership. The membership of the Zoning Hearing Board shall consist of five Borough residents appointed by the Borough Council by resolution. Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Board Chairman shall promptly notify the Borough Council when vacancies occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other elected or appointed office in the Borough, nor shall any member be an employee of the Borough.

B. Alternate members.

(1) Appointment of alternate members. The Borough Council may appoint at least one but no more than three residents of the Borough to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 375-77B(2), an alternate shall be entitled to participate in all proceedings and discussions of the Zoning Hearing Board to the same and full extent as provided by law for Zoning Hearing Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the power and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other elected or appointed office in the Borough, nor shall any alternate be an employee of the Borough. Any alternate may participate in any proceedings or discussion of the Board, but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member pursuant to § 375-77B(2) of this chapter. Designation of an alternate pursuant to this subsection shall be made by the Chairman of the Zoning Hearing Board on a case-by-case basis in rotation according to declining seniority among all alternates.

(2) Participation by alternate members. If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Zoning Hearing Board shall designate as many alternate members of the Board to sit on the Zoning Hearing Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Zoning Hearing Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Zoning Hearing Board has made a final determination of the matter or case.

C. Removal of members. Any Zoning Hearing Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by majority vote of the Borough Council, taken after the member has received 15 day's advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

D. Organization of the Zoning Hearing Board. The Zoning Hearing Board shall elect its officers from its own membership, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than three members, but the Zoning Hearing Board may appoint a hearing officer from its own membership to conduct any hearings on its behalf. In such a case, the parties may, prior to the decision, waive a decision by the Zoning Hearing Board and accept the decision of the hearing officer as provided in the MPC, as amended.[1] The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, consistent with the ordinances of the Borough and the laws of the commonwealth. The Zoning Hearing Board shall keep full public records of its business, which records shall be the property of the Borough, and shall submit a report of its activities to the Borough Council as requested by the Borough Council.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

E. Expenditures for services. Within the limits of funds appropriated by the Borough Council, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Zoning Hearing Board and alternates to the Zoning Hearing Board, when designated pursuant to § 375-77A and B, may receive compensation for the performance of their duties, as may be fixed by the Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Borough Council.

F. Conduct of hearings. A hearing shall commence within 60 days of the filing of an administratively complete application. Public notice, mailed notice and electronic notice and as defined herein, of the hearing, shall be advertised and posted as required by the MPC, and in addition thereto, the Zoning Hearing Board shall post at least one copy of the notice on the affected property. Hearings shall be conducted in accordance with the applicable provisions of the MPC.

G. Zoning Hearing Board decisions.

(1) The Zoning Hearing Board or the hearing officer, as the case may be, shall render a decision or, when no decision is called for, make written findings on the application in accordance with the requirements of the MPC and within 45 days after the last hearing before the Zoning Hearing Board. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of this chapter, or any other land use ordinance, rule or regulation or any provision of the MPC shall contain a reference to the provisions relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that the hearing officer's decision or findings are final, the Zoning Hearing Board shall make the hearing officer's report and recommendations available to the parties within 45 days, the parties shall be entitled to make written representations thereon to the Zoning Hearing Board prior to final decision or entry of findings, and the Zoning Hearing Board's decision shall be entered no later than 30 days after the report of the hearing officer.

(2) A copy of the final decision or, when no decision is called for, of the findings shall be delivered personally or mailed to the applicant not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide, by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

H. Deemed decisions. Where the Council fails to render the decision within 45 days after the last hearing or fails to commence, conduct or complete the required hearing as provided in the MPC, the decision shall deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing or on the record, to an extension of time. The Council shall give public notice of said decision as required by the MPC.

I. Jurisdiction of the Zoning Hearing Board. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications on the following matters:

(1) Substantive challenges to the validity of this chapter, except those challenges brought before the Borough Council pursuant to Section 609.1 and Section 916.1(a)(2) of the MPC.[2]

[2] Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1(a)(2), respectively.

(2) 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.

(3) Appeals from a determination by a municipal 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.

(4) Appeals from the Zoning Officer's determination under Section 916.2. of the MPC.[3]

[3] Editor's Note: See 53 P.S. § 10916.2.

(5) Appeals from the determination of the Zoning Officer or Municipal Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving a subdivision and land development application.

(6) Applications for special exceptions under this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance must be made pursuant to Section 912.1 of the MPC.[4]

[4] Editor's Note: See 53 P.S. § 10912.1.

(7) Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to Section 910.2 of the MPC.

J. Variances.

(1) Application. The Board shall hear requests for variances where it is alleged that the strict application of the provisions of this chapter inflict unnecessary hardship upon the applicant. Application for a variance shall be made in writing on the prescribed form obtained from the Zoning Officer. The Zoning Officer shall forward the application to the Board, which shall determine the time and place of the hearing.

(2) Who may apply. The landowner or any tenant with the written permission of such landowner may apply for a variance.

(3) Standards for variances. The Board may grant a variance, provided that all the following findings are made where relevant in a given case:

(a) 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 this chapter in the neighborhood or district which the property is located.

(b) 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 this chapter; and that authorization of a variance is therefore necessary to enable the reasonable use of property.

(c) That such unnecessary hardship had not been created by the applicant.

(d) That 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.

(e) That the variance, if authorized, will represent the minimum variance which will afford relief and represent the least modification possible of the regulation in issue.

(4) Review by Planning Commission. The Zoning Hearing Board may request the review and comments of the Planning Commission on any variance application, which shall be made part of the public record.

(5) Conditions. In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the MPC.

(6) Expiration. The grant of a variance shall expire one year after the date of the Zoning Hearing Board's written decision unless the applicant has applied for and obtained a building permit and commenced construction, or, in the case where the variance does not require the issuance of a building permit, the applicant has applied for and obtained an occupancy permit and has commenced the use which is the subject of the variance.

K. 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 an appropriate Borough officer, agency or body, if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor interest.

(2) Any appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued, except appeals of the Zoning Officer's issuance of an enforcement notice, which shall be filed within 10 days after receipt of the enforcement notice.

L. Stay of proceedings.

(1) Upon filing of any proceeding referred to in Section 919.3 and subsequent MPC references to Section 909.1 of the MPC[5] and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or 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 Zoning Hearing 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 the Allegheny County Court of Common Pleas, on petition, after notice to the Zoning Officer or other appropriate agency or body.

[5] Editor's Note: See 53 P.S. § 10909.1.

(2) 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 Allegheny County Court of Common Pleas to order such persons to post a bond as a condition to continuing the proceedings before the Zoning Hearing Board, pursuant to provisions of the MPC.

§ 375-78 Special exceptions.

A. Board's function. Where this chapter, in accordance with the Tables of Authorized Uses in § 375-29 for the zoning district in which a property is located, allows uses by special exception granted or denied by the Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria and general criteria set forth in Articles VIII and IX.

B. Who may apply. The landowner or any tenant with the permission of such landowner may apply for a special exception.

C. Conditions. In granting any special exception, the 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 and the purposes of the MPC.

D. If the Board determines that the application for special exception meets all the requirements of this chapter and receives assurances that any additional conditions deemed necessary shall be fulfilled and that the application is in conformity with the spirit and intent of this chapter, it shall direct the Zoning Officer to issue zoning approval for such special exception.

E. Expiration. A special exception approval granted by the Board shall expire automatically without written notice to the applicant if no application for a zoning approval, building permit, or grading permit to undertake the work described in the decision granting the special exception has been submitted within 12 months of said decision, unless the Board, in its sole discretion, extends the special exception upon written request of the applicant received prior to its expiration or unless the Board specifically grants a longer period of time in its decision. The maximum extension permitted shall be one twelve-month extension. A special exception granted by the Board prior to the adoption of this section shall be subject to the provisions of this section; however, the twelve-month period shall begin with the date of adoption of this section.

F. Application content. The content for application for special exception is the same as the conditional use application; see § 375-58.

§ 375-79 Conditional uses.

See Article VIII.

§ 375-80 Appeals.

Appeals may be made to the Board by any aggrieved person, firm or corporation or by any officer or department of the Borough affected by any decision of the Zoning Officer or Municipal Engineer relative to the interpretation of this chapter. Such appeal shall be made within 30 days from the date that a notice of violation is delivered to such aggrieved party by the Zoning Officer in accordance with the requirements of the MPC by filing with the Zoning Officer and with the Board a notice of appeal specifying the grounds therefor. The Zoning Officer shall forthwith transmit to the Board all papers constituting the record upon which the action was appealed. For time limitations for appeals of variances, see § 375-77K.

§ 375-81 Amendments.

Amendments of this chapter may be initiated by Borough Council, by the Planning Commission, or by a petition of a landowner within the Borough in accordance with the following provisions:

A. Petitions for amendment by landowners, other than curative amendments under § 375-82 of this chapter, shall be filed, in writing, with the Zoning Officer, and the petitioner, upon such filing, shall pay a filing fee and/or review deposit in accordance with the schedule fixed by resolution of Borough Council.

B. Any proposed amendment other than one proposed by the Planning Commission shall be referred to the Planning Commission for review at least 45 days before the public hearing. The Planning Commission shall review the proposed amendment and report its findings and recommendations, in writing, to the Borough Council and to the petitioner. These recommendations will include a statement as to whether or not the proposed action is in accordance with the objectives of the formally adopted Comprehensive Plan as required by the MPC Section 303.[1]

[1] Editor's Note: See 53 P.S. § 10303.

C. In the event the Planning Commission recommends approval of the proposed amendment, in whole or in part, or if a public hearing is requested by at least one member of the Borough Council, a public hearing will be scheduled on the proposed amendment and a copy of the same submitted to the County Planning Agency at least 45 days prior to the public hearing in accordance with the requirement of the MPC.

D. Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon pursuant to public notice and pursuant to mailed notice and electronic notice to an owner of a tract or parcel of land located within the Borough or an owner of the mineral rights in a tract or parcel of land within the Borough who has made a timely request in accordance with MPC Section 109.[2]

[2] Editor's Note: See 53 P.S. § 10109.

E. If the proposed amendment involves a Zoning Map change, notice of the public hearing shall be conspicuously posted by the Borough at points deemed sufficient by it along the tract to notify potentially interested citizens. The affected tract shall be posted at least one week prior to the date of the hearing.

F. Notice of any proposed Zoning Map change shall also be mailed by the Borough at least 30 days prior to the public hearing by first class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Borough. A good-faith effort and substantial compliance shall satisfy the requirements of this subsection. This subsection shall not apply to a comprehensive rezoning.

G. If, after any public hearing held upon an amendment, the proposed amendment is substantially revised or further revised to include land previously not affected by it, then the Borough Council shall hold another public hearing pursuant to public notice, mailed notice and electronic notice before proceeding to vote on the amendment.

H. The Borough Council shall act on a proposed amendment to this chapter within 90 days of the date of the meeting at which the public hearing on the amendment is closed. If the Borough Council fails to so act within the said ninety-day period, then the proposed amendment shall be deemed denied.

I. Within 30 days after enactment, a certified copy of the amendment to this chapter shall be forwarded to the County Planning Agency.

J. The proposed amendment shall also be published, advertised and made available to the public in accordance with the requirements of the MPC.

§ 375-82 Landowner curative amendments.

Any landowner who wishes to challenge, on substantive grounds, the validity of this chapter or the Zoning Map or any provision thereof which prohibits or restricts the use or development of land in which he/she has an interest may prepare and submit a curative amendment to the Borough Council, in the form he/she proposes it be adopted, together with a written request that the challenge and proposed amendment be heard and decided in accordance with the requirements of the MPC. The Borough Council shall hold a public hearing, pursuant to public notice, on the matter within 60 days of receiving an administratively complete curative amendment request. Public notice of the public hearing shall be given by the Borough in accordance with the requirements of the MPC. Public hearings shall be conducted and held in accordance with the applicable provisions of the MPC. The Borough Council shall comply with all applicable requirements of the MPC regarding the conduct of hearings and decisions related thereto.

A. Referral to Planning Commission and County Planning Agency. The curative amendment and challenge shall be referred to the Planning Commission and the County Planning Agency or its designee at least 30 days prior to the public hearing for review and comment.

B. Declaration of invalidity by the court. If the Borough does not accept a landowner's curative amendment brought in accordance with this section and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.

C. Evaluation of merits of curative amendment. If the Borough Council determines that a validity challenge has merit, then the Borough Council may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Borough Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:

(1) The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.

(2) If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or the Zoning Map.

(3) The suitability of the lot's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and natural features for the intensity of the proposed uses.

(4) The impact of the proposed use on the lot's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.

(5) The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

§ 375-83 Municipal curative amendments.

If the Borough Council determines that this chapter or a portion thereof is substantially invalid, it may implement the procedure for municipal curative amendment provided in Section 609.2 of the MPC.[1]

[1] Editor's Note: See 53 P.S. § 10609.2.

§ 375-84 Enforcement notice.

A. If it appears to the Borough that a violation of any zoning ordinance enacted under this act or prior enabling laws has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.

B. 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 that parcel, and to any other person requested, in writing, by the owner of record.

C. An enforcement notice shall state at least the following:

(1) The name of the owner of record and any other person against whom the Borough 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 the ordinance.

(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.

D. In any appeal of an enforcement notice to the Zoning Hearing Board, the Borough shall have the responsibility of presenting its evidence first.

E. Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Borough if the Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party's favor.

§ 375-85 Schedule of fees, charges and expenses.

A. The Borough Council shall by ordinance or resolution adopt a schedule of fees, charges and expenses and a collection procedure for zoning approvals, conditional uses, uses by special exception, special encroachment permits, variances, zoning amendments and other matters pertaining to this chapter. The schedule of fees shall be duly recorded in the ordinance or resolution book of the Borough and posted in the office of the Zoning Officer. The schedule of fees and changes may be altered or amended only by ordinance or resolution adopted by the Borough Council.

B. No application for any zoning approval, planned development, conditional use, special encroachment permit, zoning amendment, use by special exception, variance or other matter shall be considered unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the Board unless or until the preliminary charges or fees have been paid in full.

C. The Borough Council may waive or modify fees where unusual circumstances warrant such relief.

§ 375-86 Violations and penalties; rights of appeal.

[Added 10-17-2017 by Ord. No. 916]

A. The Zoning Officer may institute such proceedings as he sees fit to enforce the provisions of this chapter. The Zoning Officer may first issue a letter of warning for zoning violations. Irrespective of a letter of warning being issued, the Zoning Officer may issue a cease and desist order. The cease and desist order shall identify the property, the owner, and the violation. The owner or tenant shall have the right to appeal the cease and desist order to the East Pittsburgh Borough Zoning Hearing Board within 30 days from the date of the cease and desist order. The appeal must be in writing, identify the property, name all parties in interest, the action from which the appeal is being taken, the reason for the appeal and the date of the notice. All appeals must be filed with the Borough Secretary at the Borough office during regular business hours within 30 days from the date of the cease and desist order.

B. Any person or entity who or which violates any provision of this chapter shall, upon being found liable therefor in civil enforcement proceeding commenced by the Borough, be civilly liable for a fine of not more than $600 for each day of violation, plus all court costs and other costs of prosecution and reasonable attorney fees incurred by the Borough in the matter. The attorney fees shall be assessed pursuant to the Borough ordinance providing for the assessment of attorney fees.