[Ord. 841, 5/22/2017]
This Zoning Ordinance shall apply throughout the Borough of
Myerstown. Any activity regulated by this Ordinance shall only occur
in such a way that conforms with the regulations of this Ordinance.
[Ord. 841, 5/22/2017]
This Ordinance is hereby adopted:
1. in accordance
with the requirements and purposes (including Sections 604 and 605
or their successor section(s), which are included by reference) of
the Pennsylvania Municipalities Planning Code ("the MPC"), as amended,
2. to carry
out the following major community development objectives:
A. to serve
the goals and objectives of the "Myerstown Mini-Comprehensive Plan,"
which are hereby included by reference, and the goals of the Lebanon
County Comprehensive Plan,
B. to conserve
environmentally sensitive lands,
C. to promote
traditional styles of development and strong neighborhoods,
D. to provide
compatibility between various types of and uses, and encourage compatible
mixes of uses,
E. to provide
for a variety of residential densities and housing types,
F. to direct
industrial development and intensive commercial development to locations
that will minimize conflicts with homes,
G. to promote
new business development in appropriate areas that will provide additional
tax revenue and job opportunities, and
H. to promote
pedestrian-friendly and bicycle-friendly patterns of development.
[Ord. 841, 5/22/2017]
All of the enforcement, violations and penalty provisions of
the Pennsylvania Municipalities Planning Code (MPC), as amended are
hereby incorporated into this Ordinance by reference. (Note - As of
the adoption date of this Ordinance, these provisions were primarily
in Sections 616.1, 617 and 617.2 of such Act.)
1. Violations.
Any person who shall commit or who shall permit any of the following
actions violates this Ordinance:
A. Failure
to secure a zoning permit prior to any of the following: a change
in accessory or principal use of land or structure, or the erection,
construction or alteration of any principal or accessory structure
or portion thereof, or the placement of a sign, or a change in the
area of a use or the land coverage or setback of a use, or the excavation
or grading of land to prepare for the erection, construction or alteration
of any structure or portion thereof;
B. Placement
of false statements on or omitting relevant information from an application
for a zoning permit;
C. Undertaking
any action in a manner which does not comply with a zoning permit;
D. Violation
of any condition imposed by a decision of the Zoning Hearing Board
in granting a variance or special exception or other approval; or
E. Violation
of any condition imposed by a decision of the Borough Council in granting
a conditional use or other approval; or
F. Violation
of any condition imposed by a decision of a court of competent jurisdiction,
where such court has granted zoning approval with conditions.
2. Enforcement
Notice. If the Borough has reason to believe that a violation of a
provision of the Zoning Ordinance has occurred, the Borough shall
initiate enforcement proceedings by sending an enforcement notice
as provided in Section 616.1 of the MPC. Prior to sending an official
enforcement notice, the Zoning Officer may at his/her option informally
request compliance.
3. Time
Limits. An official enforcement notice shall state the deadline to
complete bringing the property into compliance with this Ordinance,
and shall state that the applicant has 30 days from the receipt of
the notice to appeal to the Zoning Hearing Board. The denial of a
conditional use, special exception use or variance may also be appealed
to the County Court.
4. Causes
of Action; Enforcement Remedies. The Causes of Action and Enforcement
Remedies provisions of the MPC are hereby incorporated by reference.
(Note - As of the adoption date of this Ordinance, such provisions
were in Section 617 of such law.)
A. Violations
and Penalties. Any person who has violated or permitted the violation
of the provisions of this Ordinance shall, upon being found liable
therefor in a civil enforcement proceeding commenced by the Borough,
pay a judgment of not more than $500 plus all court costs, including
the reasonable attorney's fees incurred by the Borough as a result
thereof. No judgment shall commence or be imposed, levied or be payable
until the date of the determination of a violation by the Magisterial
District Judge. If the defendant neither pays nor timely appeals the
judgment, the Borough may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day that a violation continues shall
constitute a separate violation, unless a Magisterial District Judge
who determined that there has been a violation further determines
that there was a good faith basis for the person violating this Ordinance
to have believed that there was no such violation, in which event
there shall be deemed to have been only one such violation until the
fifth day following the date of the determination of a violation by
the Magisterial District Judge, and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney's fees collected for the violation of this
Ordinance shall be paid over to the Borough for the general use of
the Borough. Imprisonment is not authorized under this Ordinance.
B. Remedies.
In case any building, structure, sign or landscaping is erected, constructed,
reconstructed, altered, repaired, converted or maintained; or any
building, structure, sign or land is used; or any hedge, shrub, tree
or other growth is maintained in violation of this Ordinance or of
any of the regulations made pursuant thereto or any of the permits
or certificates of use and occupancy issued under this Ordinance or
any conditions imposed upon the grant of a special exception or variance
by the Zoning Hearing Board or upon the grant of a conditional use,
then, in addition to any other remedies provided by law, any appropriate
action or proceeding may be instituted or taken to prevent or restrain
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use or to prevent any illegal act,
conduct, business or use in and about such premises.
5. Enforcement
Evidence. In any appeal of an enforcement notice to the Zoning Hearing
Board, the Borough shall have the responsibility of presenting its
evidence first.
[Ord. 841, 5/22/2017]
A Borough fee schedule for permits and applications may be established,
which may be amended by ordinance or written resolution of the Borough
Council. No application or appeal shall be considered filed until
all fees are paid.
[Ord. 841, 5/22/2017]
Within the requirements of the MPC, the Borough Council may
amend, or repeal any or all portions of this Ordinance on: 1) its
own motion or 2) after agreeing to hear a written request of any person,
entity, landowner or the Planning Commission.
[Ord. 841, 5/22/2017]
The applicable provisions of the MPC shall apply. (Note: As
of the adoption date of this Ordinance, these provisions were primarily
in Sections 609.1, 609.2 and 916.1 of such Act.)
[Ord. 841, 5/22/2017]
The following requirements shall apply to procedures, hearings
and decisions of the Zoning Hearing Board.
1. Notice
of Hearings. Notice of all hearings of the Board shall be given as
follows:
A. Ad.
Public Notice shall be published, as defined by Section 107 of the
MPC. The notice shall state the time and place of the hearing and
the particular nature of the matter to be considered and the affected
street address.
B. Posting.
Notice of such hearing shall be conspicuously posted on the affected
tract of land at least one week prior to the hearing. If the Borough
Staff does not volunteer to post the property, then the applicant
shall be required to post it. The applicant shall make a good faith
effort to make sure that such notice remains posted until the hearing.
C. Persons
Given Notice. The Borough shall provide written notice to the Applicant
of the time and place of the hearing. The Borough should also provide
notice to the Mayor and to the primary last known owner of each lot
that is abutting or immediately across a street, alley or railroad
from the subject lot. Failure to provide such notice shall not be
grounds for an appeal or delay. Also, such notice shall be given to
any other person or group (including civic or community organizations)
who has made a written timely request for such notice. Any such notices
should be provided to the last known address.
2. Initiation
of Hearings. A hearing required under this Ordinance shall be initiated
within 60 days of the date of an applicant's request for a hearing,
unless the applicant has agreed in writing to an extension of time.
3. Decision/Findings.
A. The
Board shall render a written decision on each application within 45
days after the last hearing on that application before the Board,
unless the applicant has agreed in writing to an extension of time.
B. Where
the application is contested or denied, the decision shall be accompanied
by findings of fact and conclusions based thereon, together with the
reasons for such conclusions.
C. References
shall be provided to the most pertinent section(s) of this Ordinance
and/or the MPC.
4. Notice
of Decision. A copy of the final decision or, where no decision is
called for, of the findings, shall be provided to the applicant. (Note:
As of the adoption date of this Ordinance, such provisions were within
Sections 908(9) and 908(10) of such Act, including provisions regarding
notice to other parties).
5. See also
Section 908 of the MPC.
[Ord. 841, 5/22/2017]
The provisions for appeals to court that are stated in the MPC
shall apply. (Note: As of the adoption date of this Ordinance, these
provisions were in Sections 1001-A, 1002-A, 1003-A, 1004-A, 1005-A
and 1006-A of such Act.)
[Ord. 841, 5/22/2017]
See the provisions of the MPC. (Note: As of the adoption date
of this Ordinance, such provisions were within Section 619 of such
Act.)
[Ord. 841, 5/22/2017]
This Zoning Ordinance shall not apply to uses or structures
owned by Myerstown Borough or by a municipal authority created solely
by the Borough of Myerstown for uses and structures that are intended
for a municipal, water supply, sewage, stormwater, public recreation,
emergency service, emergency communication, public health and safety,
or similar governmental purpose.