[Ord. 116, 9/7/2011, § 2500]
The provisions of this chapter shall be administered and enforced
by the Zoning Officer who shall be appointed by, and serve at the
pleasure of, the Board of Supervisors. The Zoning Officer shall meet
qualifications established by the Township and shall be able to demonstrate
to the satisfaction of the Township a working knowledge of municipal
zoning. The Zoning Officer shall administer this chapter in accordance
with its literal terms, and shall not have the power to waive or modify
any term or condition of the Chapter or permit any construction or
any use or change of use which does not conform to this chapter. The
Zoning Officer and Assistant Zoning Officers shall not hold any elective
office within the Township, but may hold other appointed offices.
The Zoning Officer may be provided with assistance of such persons
as the Board of Supervisors may direct and may be authorized to institute
civil enforcement proceedings as a means of enforcement when acting
within the scope of their employment.
[Ord. 116, 9/7/2011, § 2501; as amended by Ord. 123, 2/6/2014, § 18]
1. The Zoning Officer shall have all the duties and powers conferred
upon him by this chapter in additions to those reasonably implied
for that purpose, including the following:
A. Applications for Zoning and Use Permits.
(1)
At any time that an owner or occupant shall wish to alter, change,
or commence a particular use of a property or structure, or shall
wish to erect, construct, alter, repair, extend, replace, relocate,
demolish, or convert any building or structure, such person shall
first apply to the Zoning Officer for a zoning and use permit.
(2)
No zoning and use permit shall be required for repairs or routine
maintenance of any structure, building, or land provided such repairs
or maintenance do not change the use or the exterior dimensions of
the structure, building, or otherwise violate the provisions of this
chapter.
(3)
Application for Zoning and Use Permit.
(a)
The applicant for a zoning and use permit shall submit an application
on forms provided by the Township. The application may be made by
the owner of the property, by the lessee of the property with written
approval of the owner, an equitable owner with a signed agreement
of sale or by the agent of either, provided, however, that if the
application is made by a person other than the owner or lessee, the
application shall be accompanied by a written authorization from the
owner or lessee designating the agent and authorizing the work.
(b)
The application for a zoning and use permit shall include:
1)
A description of the proposed work and/or use and occupancy
of the building, structure and/or land as well as any other information
required by the application form or the Zoning Officer to determine
compliance with this chapter and other applicable Township, County,
State and Federal ordinances, statutes and regulations.
2)
Plans, in duplicate, drawn to scale, showing the actual dimensions
and shape of the lot, the size and location and dimensions of the
proposed use, building or alteration, the location of the on-site
well and on-site sewage disposal system, if applicable and all other
pertinent information.
3)
The Application Fee. The application shall not be considered
complete without the fee established by the Board of Supervisors by
ordinance or resolution. The applicant shall submit all necessary
information to demonstrate:
a) Approval and recording of any necessary subdivision
and/or land development plan, if applicable.
b) Submission to and approval by the Lancaster County
Conservation District of a sedimentation and erosion control plan
where earth disturbance activities are proposed.
c) Issuance of a permit to install or modify an on-lot
sewage disposal system or the issuance of a permit by the provider
of centralized sewer service, as applicable.
d) Issuance of a permit to connect to a centralized
water supply, if applicable.
e) Issuance of any permits required for the relocation
or alteration of any existing public utility line or other facility.
f) If the applicant is, or would be, serviced by public
sewer or water from an adjacent municipality, pursuant to a reciprocal
agreement, the issuance of the necessary connection permits or waivers
from the necessity to acquire same.
(4)
If the request is not acceptable, the Zoning Officer shall send
to the applicant, by first class mail, a written statement explaining
the reason or reasons why the permit cannot be issued, including the
section or sections of the Ordinance upon which the decision is based.
In the event that the request is in compliance, the Zoning Officer
shall issue to the applicant a zoning and use permit and shall immediately
forward a copy of the application and the permit to the Township Secretary
and the Building Inspector. In the event that the application involved
construction, alteration, repair, extension, replacement, relocation,
or conversion of said structure or building, the Zoning Officer shall
also notify the applicant that he will be required to secure a building
permit and occupancy permit and shall direct the applicant to the
Building Inspector.
(5)
If the request is not acceptable, the Zoning Officer shall send
to the applicant by certified mail, return-receipt requested to addressee
a written statement explaining the reason or reasons why the permit
cannot be issued, including the Sections of the Chapter upon which
the decision is based. In addition, the Zoning Officer shall advise
the applicant if a special exception may be an available remedy, and
that the applicant always has the right to request a variance. The
applicant also has the right to appeal a decision by the Zoning Officer
adverse to the applicant's request within 30 days of issuance
of the same.
(6)
The zoning and use permit shall be authorization under this
chapter to proceed with the work described in the application, provided
a building permit is secured, if necessary. A zoning and use permit
shall not be deemed to supersede or annul any restrictions on the
use or development of the property imposed by deed restrictions, restrictive
covenants, or other private agreements. Permit holders shall proceed
with work at their own risk and subject to the rights of aggrieved
persons to appeal the issuance of the zoning and use permit as authorized
by the Municipalities Planning Code, 53 P.S. § 10101 et
seq., or to take action to enforce deed restriction, restrictive covenants,
or private agreements as authorized by law.
(7)
The Zoning Officer shall revoke a zoning and use permit or approval
issued under the provisions of this chapter in the case of any false
statement or misrepresentation of fact in the application on which
the permit or approval was based, or if the permit or approval was
issued in error, or if work is not undertaken in accordance with the
terms of the permit or approval, or for any other proper case.
(8)
Zoning and use permits shall be issued with a one-year life;
provided, however, that if work is not commenced or a change in use
of building or land is not commenced within 180 days after issuance
of the zoning and use permit, the permit shall automatically expire
and a new permit shall be required before such work or change in use
commences.
B. Certificate of Use and Occupancy Permit.
(1)
A certificate of use and occupancy permit issued by the Zoning Officer stating that the buildings or proposed uses fully comply with the provisions of this chapter, and the provisions of all other relevant ordinances (e.g., West Cocalico Subdivision, Land Development and Stormwater Management Ordinance [Chapter
22]), shall be required prior to any proposed building or use being occupied or established.
(2)
It shall be unlawful to use and/or occupy a structure, building,
sign and/or land for which a zoning and use permit is required herein
until a certificate of use and occupancy permit for such structure,
building, sign and/or land has been issued by the Zoning Officer as
required herein.
(3)
The application for a certificate of use and occupancy permit
shall include a fee adopted from time to time by resolution of the
Board of Supervisors, and be in such a form as the Zoning Officer
may prescribe and may be made on the same application as is required
for a zoning and use permit.
(4)
The application shall contain the intended use and/or occupancy
of any structure, building, sign and/or land for which a zoning and
use permit is required herein.
(5)
The Zoning Officer shall inspect any structure, building, sign
and/or land within 10 days upon notification that the proposed work
that was listed under the zoning and use permit has been completed;
and receipt of a letter or other certification from the building inspector
that the structure has been constructed according to the permit; and
if satisfied that the work is in conformity and compliance with the
work listed in the issued zoning and use permit and other pertinent
laws, the Zoning Officer shall issue a certificate of use and occupancy
permit for the intended use listed in the original zoning and use
permit application.
(6)
The certificate of use and occupancy permit or true copy thereof
shall be kept available for official inspection at all times.
(7)
Upon request of a holder of a zoning and use permit, the Zoning
Officer may issue a temporary certificate of use and occupancy permit
for a structure, building, sign and/or land before the entire work
covered by the permit shall have been completed, provided such portion
or portions may be used and/or occupied safely prior to full completion
of the work without endangering life or public welfare. The Zoning
Officer shall also issue a temporary certificate of use and occupancy
permit for such temporary uses as tents, use of land for temporary
religious or other public or semi-public purposes and similar temporary
use and/or occupancy. Such temporary certificates shall be for a period
of time to be determined by the Zoning Officer, however, in no case
exceeding six months.
(8)
A certificate of use and occupancy permit shall not be issued for structures and buildings located in subdivision and/or land developments requiring improvement guarantees in accordance with the West Cocalico Subdivision, Land Development and Stormwater Management Ordinance [Chapter
22], until the structure or building abut either a roadway which has been accepted by the Township for dedication or abuts upon a street which has been paved with a base wearing or binder course.
(9)
For uses subject to the provisions of Paragraph B(1) (land development
approvals) herein above in which operation standards are imposed,
no certificate of use and occupancy permit shall not become permanent
until 30 days after the facilities are fully operational when, upon
a re-inspection by the Zoning Officer, it is determined that the facilities
are in compliance with all operation standards.
C. Complaints Regarding Violations. The Zoning Officer shall, upon learning
of an alleged violation, investigate said alleged violation. A written
report of all investigations of alleged violations of this chapter
shall be prepared and properly filed, and a copy sent to the Board
of Supervisors. Additionally, the Zoning Officer, when in receipt
of a signed written complaint stating fully the cause and basis of
any alleged violation, shall complete said investigation and also
submit the written report of said investigation with the individual
filing the complaint. If, after the investigation, the Zoning Officer
determines that a violation has occurred, he shall take action as
provided by this chapter.
D. Enforcement. If it appears that a violation of any of the provisions
of this chapter has occurred, the Zoning Officer shall initiate enforcement
proceedings by sending an enforcement notice as provided below:
(1)
The enforcement notice shall be sent to the owner of the record
of the parcel on which the violation has occurred to any person whose
actions or failure to act have made it a necessity or who have created
the existence of the violation, 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.
(2)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against
whom West Cocalico Township intends to take action.
(b)
The location of the property in question.
(c)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter, and a brief explanation of what must be done to return
to compliance.
(d)
The date before which the steps for compliance must be commenced,
and the date before which the steps must be completed.
(e)
The recipient of the notice has the right to appeal to the Zoning Hearing Board in accordance with the terms and procedures stated in Part
24 of this chapter.
(f)
Failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, clearly constitutes
a violation, with possible sanctions clearly described.
(3)
If any person does not comply with the notice of violation and the stop, cease and desist order within a period of 30 days from the date of posting of the cease and desist order, the Zoning Officer shall notify the Board of Supervisors, that the Township Solicitor shall be asked to initiate in the name of the Township, appropriate legal action against such person in accordance with §§
27-2505,
27-2506 and
27-2507 of this chapter. However, in no case shall the person notified abandon the premises in such condition so as to create a hazard to the public health, safety, morals, or welfare.
(4)
In the event, however, that any such violation shall create
a significant risk of injury to persons, then the Board of Supervisors
may instruct the Solicitor to seek injunctive relief to immediately
terminate such violation as soon as the Board of Supervisors shall
deem advisable. In the event that such violation shall create a significant
risk of damage to property, or shall create a risk of irreparable
harm, then the Board of Supervisors may, five days after receipt of
such stop, cease and desist order, instruct the Solicitor of the Township
to request injunctive relief to terminate such violation.
E. Official Records. It shall be the duty of the Zoning Officer to maintain
and be responsible for all pertinent records on zoning matters in
the Township. These records shall include, but not be limited to,
all applications received, copies of all permits and certificates
issued, copies of orders and findings of the Zoning Hearing Board,
written complaints of alleged violations, records of all inspections
made, a current copy of this chapter and all amendments, the Official
Zoning Map, and all other pertinent information. The records of his
office, including the written statement of all zoning and use and/or
building permit and certificates of use and occupancy issued and violations
and stop work orders recommended or promulgated, shall be available
for the use of the Township government and inspection by any interested
party during normal office hours.
F. Nonconformities. It shall be the duty of the Zoning Officer to inspect
nonconforming uses, structures, and lots and to keep a file record
of such nonconforming uses and structures, together with the reasons
why the Zoning Officer identified them as nonconformities, as a public
record and to examine them periodically, with the view of eliminating
the nonconforming issues under the existing laws and regulations.
[Ord. 116, 9/7/2011, § 2502]
1. The Zoning Officer shall also issue a temporary zoning and use permit
for such temporary uses as tents, trailers, and temporary buildings
on construction sites, and the temporary use of land for religious
or other public or semi-public purposes, or other such temporary uses
which will be used for a brief, specified period of time.
2. Where the proposed temporary use is permitted as a use by right in
the zoning district, the applicant shall apply to the Zoning Hearing
Board for a zoning and use permit. If the temporary use will be operated
from a temporary, removable structure and shall have a duration of
not more than 14 calendar days at any time, the Zoning Officer may
issue a temporary zoning and use permit upon the applicant's
presentation of evidence that adequate off-street parking shall be
provided, any signs will be temporary in nature, and any signs shall
not exceed the number or area which would be permitted for a permanent
use. The off-street parking for a temporary use may be shared with
off-street parking for an existing permanent use. The Zoning Officer
shall issue the temporary zoning and use permit which shall specify
the dates upon which the temporary use may be operated, the temporary
structures which may be erected and the temporary signs which may
be erected.
3. Where the proposed temporary use is permitted as a special exception in the zoning district, the applicant shall apply to the Zoning Hearing Board for a special exception. The Zoning Hearing Board may authorize a temporary use if the applicant demonstrates compliance with the general standards for all special exceptions in Part
23 of this chapter and all applicable standards for the use set forth in Part
21 of this chapter.
4. The Zoning Hearing Board, by special exception, may authorize a temporary use in a zoning district where such use is not allowed if the applicant demonstrates compliance with the general standards for all special exceptions in Part
23 of this chapter, all applicable standards for the use set forth in Part
21 of this chapter, and with all the following requirements:
A. The temporary use shall not exceed five calendar days in any calendar
year.
B. The applicant shall demonstrate that adequate off-street parking
and other facilities, including, but not limited to, sewage disposal
facilities, are available for persons reasonably anticipated to attend
the temporary use.
C. The applicant shall provide a plan for addressing traffic to be generated
by the temporary use. If necessary, the applicant shall arrange for
the provision of fire police or other persons to direct traffic to
the temporary off-street parking facilities.
D. The applicant shall present evidence to demonstrate that the temporary
use will not adversely affect the health, safety or welfare of the
adjoining residents or the uses permitted within the zoning district
in which the temporary use is proposed.
5. Not more than two temporary zoning and use permits in any one calendar
year shall be issued for a property.
[Ord. 116, 9/7/2011, § 2503]
1. The Board of Supervisors shall from rime to time establish by resolution
a schedule of fees, charges, and expenses and collection procedures
for zoning and use permits, certificate of use and occupancy permits,
uses by special exception, variances, and appeals and other matters
pertaining to this chapter.
2. The schedule of fees shall be available for inspection in the office
of the Zoning Officer and may be altered or amended by the Board of
Supervisors.
3. Such alterations shall not be considered an amendment to this chapter
and may be adopted as a resolution at any public meeting by the Board
of Supervisors.
4. Until all application fees, charges, and expenses have been paid
in full, no action shall be taken on any application or appeal.
[Ord. 116, 9/7/2011, § 2504]
Failure to secure a zoning and use permit, certificate of use
or occupancy permit or any other permit required by this chapter prior
to a change in the use of land or structure, or the erection, construction,
demolition, or alteration of any structure or portion thereof, or
any occupancy of same, or any violation of any other term or condition
of this chapter, including those imposed upon the grant of a special
exception or variance by the Zoning Hearing Board, or inclusion of
false or misleading information of any zoning ordinance related application
filed with the Township, shall be a violation of this chapter.
[Ord. 116, 9/7/2011, § 2505]
In case any building, structure, landscaping, or land is, or
is proposed to be, erected, constructed, reconstructed, altered, converted,
maintained, or used in violation of any provisions of this chapter,
the Board of Supervisors or, with the approval of the Board of Supervisors,
an officer of the Township, or any aggrieved owner or tenant of real
property who shows that his property or person will be substantially
affected by the alleged violation, in addition to other remedies,
may institute any appropriate action or proceeding to prevent, restrain,
correct, or abate such building, structure, landscaping, or land,
or to prevent, in or about such premises, any act, conduct, business,
or use constituting a violation. When any such action is instituted
by a landowner or tenant, notice of that action shall be served upon
the municipality at least 30 days prior to the time the action is
begun by serving a copy of the complaint on the Board of Supervisors.
No such action may be maintained until such notice has been given.
[Ord. 116, 9/7/2011, § 2506; as amended by Ord. 125B, 9/16/2014]
1. Following the issuance of any notice of violation by the Zoning Officer,
should said notice not be complied with within a period of 30 days;
or in the case of a violation which creates a significant risk of
injury to persons at any time the Board of Supervisors deems advisable;
or in the case of a violation which creates a significant risk of
damage to property or of irreparable harm, within five days after
posting of such notice: the Zoning Officer shall notify the Board
of Supervisors and the Township Solicitor shall, upon authorization
by the Board, initiate in the name of the Township any appropriate
action or proceedings at law or in equity to prevent such unlawful
erection, construction, alteration, repair, extension, replacement,
relocation, conversion, maintenance, and/or use, to restrain, correct,
or abate such violation, to prevent the occupancy of said building,
structure or land, or to prevent any illegal act, conduct, business
or use in or about such premises.
2. Thirty days, or such lesser time for compliance as may be required in Subsection
1 above, after posting of any notice of violation by the Township Zoning Officer, such Officer shall, provided the recipient of such notice shall have failed to fully comply with that notice, prepare a citation. Such citation shall set forth the date of mailing of the notice of violation, the Section of the code violated, a brief explanation of the violation, a statement that the recipient shall have 15 days to remit the fine assessed, and a place for inclusion of a fine. Such citation shall be presented to the Board of Supervisors at its next regularly-scheduled meeting. The Supervisors shall, by resolution, assess the amount of the fine, not to exceed $500 per violation. The amount of the fine shall be determined based upon consideration of the following criteria:
A. The extent of the recipient's efforts to come into compliance,
if any.
B. Whether the notice of violation was for a first or subsequent offense.
C. The extent to which the violation poses a risk to the safety of persons
or property.
D. The nature of the violation.
E. Whether the violation was committed innocently or with knowledge.
F. The extent of the effect of such violation upon the general welfare
of the citizens.
A separate violation shall arise for each day or portion thereof
in which a violation is found to have existed or for each Section
of the Chapter which is found to have been violated. After the fine
is assessed, the citation shall be adopted by resolution, and thereafter
mailed to the recipient of the notice of violation, by certified mail,
return receipt requested. If the mailed citation is refused or otherwise
not delivered, the Zoning Officer is authorized to secure personal
service by sheriff, constable, or other duly authorized citizen. If
the fine is not paid within 15 days of receipt of such citation, the
Solicitor shall institute civil suit against the recipient at the
appropriate magisterial district justice for judgment in the amount
of the fine assessed, together with a request for court costs and
reasonable attorney's fees. Any final judgment may be enforced
according to the Pennsylvania Rules of Civil Procedure.
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[Ord. 116, 9/7/2011, § 2507]
Nothing contained in this Part shall be construed to deny the
appellant the right to proceed directly to court where appropriate,
pursuant to the Pennsylvania Rules of Civil Procedure No. 1091 (relating
to action in mandamus). Procedures set forth to constitute the exclusive
mode for securing review of any decision rendered pursuant to this
article or deemed to have been made under this chapter shall be in
accordance with Article X-A of the MPC, 53 P.S. § 11001-A
et seq.