A.
General sequence of steps.
(1)
Persons desiring to undertake any new construction, structural alteration or changes in the use of a building or lot shall apply to the Zoning Officer for a zoning permit by filling out the appropriate application form and by submitting the required fee. Where required, as set forth in Article III, a site plan, in accordance with § 236-24, shall also be submitted with and made a part of the application.
(2)
Based on the applicable regulations of this chapter
and, if required, after any required review by other officials, the
Zoning Officer will either issue or refuse the zoning permit, and
the Zoning Officer will indicate, in writing, any conditions attached
to the permit or the reason for any refusal. If refused a permit,
the applicant may appeal to the Zoning Hearing Board for further consideration.
After the zoning permit has been received by the applicant, he may
proceed to obtain other necessary permits and undertake the action
permitted by the zoning permit and by the other necessary permits
and, upon completion of such action, shall apply to the Zoning Officer
for an occupancy permit where such a permit is required. If the Zoning
Officer finds that the action of the applicant has been taken in accordance
with the zoning permit, he will then issue an occupancy permit allowing
the premises to be occupied.
B.
Zoning permit types. Under the terms of this chapter,
the following classes of zoning permits may be issued:
(1)
Permitted uses. A zoning permit for a permitted use
may be issued by the Zoning Officer on his own authority.
(2)
Special exception use. A zoning permit for a special
exception use may be issued by the Zoning Officer upon the order of
the Zoning Hearing Board after a hearing and after any required review
by the Planning Commission.
(3)
Conditional use. A zoning permit for a conditional
use may be issued by the Zoning Officer upon the order of the Council
after a hearing and after receipt of a recommendation from the Planning
Commission.
(4)
Zoning permit after an appeal or a request for a variance.
A zoning permit may be issued by the Zoning Officer upon the order
of the Zoning Hearing Board and after a hearing held by the Board
for the purpose of deciding upon the appeal or a request for a variance.
(5)
Temporary use permits. A zoning permit for a temporary
use may be issued by the Zoning Officer or the Zoning Hearing Board
as required by any of the provisions of this chapter.
A.
Applications to Zoning Officer.
(1)
All applications for zoning permits for permitted,
special exception or conditional uses, for occupancy permits, for
certificates of nonconforming use, for variances and for interpretations
of any fact or provision of this chapter shall be made directly to
the Zoning Officer. Such applications shall be in writing and shall
include a plot plan drawn to scale showing the location and dimensions
of the lot area and of the proposed uses of buildings and/or land
and any other information required by this chapter.
(2)
All applications for special exception or conditional or other uses subject to site plan review as set forth in § 236-24 shall also include the information required therein.
(3)
The Zoning Officer, the Zoning Hearing Board or the
Council may require any additional information deemed necessary to
properly evaluate the application for the purpose of determining its
conformity with this chapter.
B.
Applications to Zoning Hearing Board. All appeals
where it is alleged that the Zoning Officer has made an error shall
be filed directly with the Secretary and/or the Solicitor of the Zoning
Hearing Board. Such appeals shall be in writing and shall explain
fully the facts and particulars of the case and shall clearly state
the reasons and provisions of the chapter on which the appeal is based.
C.
Zoning permits.
(1)
The purpose of the zoning permit is to determine compliance
with the provisions of this chapter, and no person shall erect, alter
or convert any structure, building or part thereof, nor alter the
use of any land, subsequent to the adoption of this chapter, until
a zoning permit has been issued by the Zoning Officer. Zoning permits
shall be issued in duplicate and one copy shall be kept conspicuously
on the premises, and no person shall perform building operations of
any kind unless a zoning permit is being displayed as required by
this chapter.
(2)
Permits granted for uses of a temporary or seasonal
nature may be limited to the appropriate length of time. The Zoning
Officer, the Zoning Hearing Board or the Council may revoke a zoning
permit at any time if it appears that the application is in any respect
false or misleading or that work being done upon the premises differs
materially from that called for in the application.
(3)
No zoning permit shall be issued by the Zoning Officer
for any special exception or variance or appeal, except on written
order of the Zoning Hearing Board, or for any proposed construction,
alteration or use that would be in violation of any provision of this
chapter.
(4)
Unless there has been substantial progress in the
work for which a zoning permit was issued, as determined by the Zoning
Officer, said permit shall expire one year from the date of issue,
except that the Zoning Officer may grant a request for a reasonable
extension of time, not to exceed one year, if warranted by the nature
of the construction involved.
D.
Occupancy permits. The purpose of an occupancy permit
is to certify that the premises comply with the provisions of this
chapter and may be used for the purposes set forth in the occupancy
permit. Prior to the use or occupancy of any land or building or for
any change of use of any existing building or for any change of use
of land, an occupancy permit shall be secured from the Zoning Officer.
A copy of the occupancy permit shall be kept upon the premises and
shall be displayed upon request made by any officer of the municipality.
All applications for occupancy permits shall be in writing on forms
to be furnished by the Zoning Officer.
E.
Certificate of nonconforming use.
(1)
The registration of an existing nonconforming use
and/or structure may be requested by the owner of the property where
such a use or structure is located. Upon application by such an owner,
the Zoning Officer shall inspect and register the nonconforming uses
and/or nonconforming structures on the property.
(2)
The owner of the premises occupied by the lawful nonconforming use or structure will then be issued a certificate of nonconforming use from the Zoning Officer. Such certificate shall be for the purpose of certifying to the owner his right to continue such nonconforming use or structure in accordance with the requirements of § 236-20.
A.
Appointment of Zoning Officer. This chapter shall
be enforced by the Zoning Officer, who shall be appointed by the Council.
Said Zoning Officer shall not hold any elective office in the City.
The Zoning Officer shall meet the qualifications established by the
City and shall be able to demonstrate to the satisfaction of the City
a working knowledge of municipal zoning.
B.
Duties and powers.
(1)
The Zoning Officer shall administer this chapter in
accordance with its literal terms and shall not have the power to
permit any construction or any use or change of use which does not
conform to this chapter.
(2)
The Zoning Officer is hereby authorized to institute
civil enforcement proceedings as a means of enforcement when acting
within the scope of his employment.
(3)
The Zoning Officer shall receive and examine all applications required under the terms of this chapter and shall issue or refuse permits within 30 days of the receipt of the application or, where applicable, shall refer said application within 10 days to the Zoning Hearing Board, the Council and/or the Planning Commission. The Zoning Officer shall issue a written notice of violation to any person, firm or corporation violating any provisions of this chapter. He shall keep records of applications, of permits or certificates issued, of variances granted, of inspections made, of reports rendered and of notice or orders issued and, where applicable in accordance with § 236-28E, shall identify and register nonconforming uses and structures and shall make all inspections required to determine conformance with this chapter and perform all other duties as called for in this chapter.
(4)
The Zoning Officer is specifically authorized to enter
any property or building for the purpose of investigation and enforcement
of any of the provisions of this chapter.
A.
Creation.
(1)
A Zoning Hearing Board is hereby established in accordance
with the provisions of the State Act of 1968, P.L. 805, No. 247, as
reenacted and amended, the Pennsylvania Municipalities Planning Code.[1] The members of the Board shall be residents of the City
and shall be appointed by the Council to serve for terms as prescribed
by law. Vacancies occurring in said Board by expiration of term or
otherwise shall be filled in the same manner.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(2)
At the date of adoption of this chapter, the members
of the existing Zoning Hearing Board, previously designated in accordance
with the City Zoning Chapter No. 13-1970, enacted November 10, 1970,
as amended, shall continue in office and shall serve as the Zoning
Hearing Board under this chapter.
B.
Organization of Board. The Zoning Hearing Board shall
elect officers and conduct any hearings and take any actions required
by the chapter and may make rules and forms for its procedure.
C.
Board functions.
(1)
The Zoning Hearing Board shall be responsible for
the following:
[Amended 9-11-2006 by Ord. No. 2-06]
(a)
To hear and decide substantive challenges to
the validity of any land use ordinance, except curative amendments
brought before City Council.
(b)
To hear and decide 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 the ordinance.
(c)
To hear and decide 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.
(d)
To hear and decide appeals from a determination
by the City 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.
(e)
To hear and decide applications for variances from the terms of this chapter, any flood hazard ordinance or such provisions within a land use ordinance pursuant to § 236-31.
(f)
To hear and decide applications for special exception uses under this chapter or floodplain or flood hazard ordinance or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 236-15.
(g)
To hear and decide appeals from the Zoning Officer's
determination under § 916.2 of the Pennsylvania Municipalities
Planning Code.
(h)
To hear and decide appeals from the determination
of the Zoning Officer or City Engineer in the administration of any
land use ordinance or provisions thereof with reference to erosion
and sedimentation control and stormwater management insofar as the
same relate to development not involving subdivision and land development.
(i)
To prepare and submit a report of its activities
to City Council once a year.
(2)
All findings and decisions of the Board shall be in
writing and shall be rendered within 45 days after the last hearing
before the Zoning Hearing Board, and if the Board fails to render
such a decision, then the decision shall be deemed to have been rendered
in favor of the applicant unless the applicant has agreed, in writing,
to an extension of time.
(3)
The Board shall perform such other duties as may be
provided or made necessary by this chapter or by State Act No. 247
of 1968, P.L. 805, as reenacted and amended, including the interpretation
of zoning boundaries, the holding of hearings after proper notice
and the referral of any pertinent matter to the Planning Commission
for review and recommendations. The Board shall keep a full public
record and a summary of the facts in cases over which it has jurisdiction
and shall maintain adequate records on its findings and decisions.
(4)
The Zoning Hearing Board may determine that a use
proposed for location in any zoning district may or may not be similar
to other uses permitted in a specific use class subcategory as defined
herein. Therefore, in such a case, it may or may not be permitted
by the Board as a similar use in that use class. Such a determination
by the Board shall be based on the following criteria:
[Added 1-13-2003 by Ord. No. 1-03]
(a)
That the use is similar to and/or compatible
with other uses permitted in the district.
(b)
That the use does not adversely effect or create
nuisances for adjoining residential areas.
(c)
That the use does not generate traffic loads,
congestion or excessive parking requirements in any zoning district
which would be detrimental to other uses in the district.
(d)
That the use does not detract from or substantially
differ from or exhibit any influences, emissions or glare which are
detrimental to the health, safety, welfare or morals of other persons
residing in or undertaking uses or other activities in the area.
D.
Notice of hearings.
(1)
Notice of all hearings of the Zoning Hearing Board shall be given to the public, the applicant, the Zoning Officer, the Planning Commission, the Council and such other persons who have made a timely request for such notice. Such notice shall be given in accordance with the definition for public notice set forth in Article I.
(2)
In addition, written notice of said hearing shall
be conspicuously posted on the affected tract of land at least one
week prior to the hearing.
E.
Referral to Planning Commission. The Zoning Hearing
Board shall refer to the Planning Commission all applications for
special exceptions, conditional uses, requests for curative amendments
and any other applications or appeals which, in the opinion of the
Zoning Hearing Board, require review by the Planning Commission. In
its review, the Planning Commission shall determine compliance with
the standards and criteria set forth in this chapter and, in all cases,
may report, in writing, its findings and recommendations to the Zoning
Hearing Board or the Council within 14 days, as required by this chapter.
If such report is not received by the Board or by the Council within
said time period, the Board or the Council may then proceed to final
action on the case.
A.
The Zoning Hearing Board shall hear requests for variances
where it is alleged that the provisions of the Zoning Chapter inflict
unnecessary hardship upon the applicant. The Board may grant a variance,
provided that the following findings are made where relevant in a
given case:
(1)
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 the Zoning Chapter in the neighborhood
or district in which the property is located.
(2)
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 the Zoning Chapter and that the
authorization of a variance is therefore necessary to enable the reasonable
use of the property.
(3)
That such unnecessary hardship has not been created
by the appellant.
(4)
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.
(5)
That the variance, if authorized, will represent the
minimum variance that will afford relief and will represent the least
modification possible of the regulation in issue.
B.
In granting any variance, the Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this act and the Zoning Chapter.
A.
Function of City Council.
(1)
The Council will be responsible for the following:
(a)
To hear and decide all requests for conditional
uses after a public hearing and after review and/or receipt of a recommendation
from the Planning Commission in accordance with the standards and
criteria set forth in this chapter.
(b)
To hear and decide all requests for recommendations
for amendments submitted to the City by the Planning Commission or
any other applicant for an amendment as set forth herein and as may
be provided for in accordance with the requirements of the Pennsylvania
Municipalities Planning Code State Act of 1968, P.L. 805, No. 247,[1] as reenacted and amended.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(2)
All findings and decisions of the Council shall be
in writing and shall be rendered within 45 days after the last hearing
before the Council, and if the Council fails to render such a decision,
then the decision shall be deemed to have been rendered in favor of
the applicant unless the applicant has agreed, in writing, to an extension
of time.
(3)
The Council shall perform such other duties as may
be provided or made necessary by this chapter or by the Pennsylvania
Municipalities Planning Code, as amended, including the holding of
hearings after proper notice and the referral of any pertinent matter
to the Planning Commission for review and recommendations. The Council
shall keep a full public record and a summary of the facts in cases
over which it has jurisdiction and shall maintain adequate records
on its findings and decisions.
B.
Notice of hearings.
(1)
Notice of all hearings of the City Council shall be given to the public, the applicant, the Zoning Officer, the Planning Commission, the Zoning Hearing Board and such other persons who have made a timely request for such notice. Such notice shall be given in accordance with the term "public notice," as defined in Article I.
(2)
In addition, written notice of said hearing shall
be conspicuously posted on the affected tract of land at least one
week prior to the hearing.
C.
Referral to Planning Commission. The Council shall
refer to the Planning Commission all applications for conditional
uses and any other applications or appeals which, in the opinion of
the Council, require review by the Planning Commission. In its review,
the Planning Commission shall, in the case of conditional uses, determine
compliance with the standards and criteria set forth in this chapter
and, in all cases, may report, in writing, its findings and recommendations
to the Council within 14 days.
B.
Date of hearing. The hearing shall be held within
60 days from the date of the applicant's request, unless the applicant
has agreed, in writing, to an extension of time.
C.
Conduct of hearings. All hearings shall be conducted
in accordance with the following:
(1)
The parties to the hearing shall be the City, any
person affected by the application who has made timely appearance
of record and any other person, including civic or community organizations,
permitted to appear by the Board or by the City Council.
(2)
The Board or the City Council shall have power to
administer oaths and issue subpoenas to compel the attendance of witnesses
and the production of relevant documents and papers, including witnesses
and documents requested by the parties.
(3)
The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine adverse witnesses on all relevant
issues.
(4)
Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
(5)
The Board, the City Council or the Hearing Officer,
as the case may be, shall keep a stenographic record of the proceedings.
(6)
The Board, the City Council or the Hearing Officer
shall not communicate, directly or indirectly, with any party or his
representatives in connection with any issue involved, except upon
notice and opportunity for all parties to participate, shall not take
notice of any communication, reports, staff memoranda or other materials,
except advice from their solicitor, unless the parties are afforded
an opportunity to contest the material so noticed and shall not inspect
the site or its surroundings after the commencement of hearings with
any party or his representative unless all parties are given an opportunity
to be present.
(7)
The Board, the City Council or the Hearing Officer,
as the case may be, shall render a written decision or, when no decision
is called for, make written findings on the application within 45
days after the last hearing before the Board or the Hearing Officer.
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 of any law, ordinance, rule or regulation shall
contain a reference to the provision relied on and the reasons why
the conclusion is deemed appropriate in the light of the facts found.
Where the Board, the City Council or the Hearing Officer, as the case
may be, fails to render the decision within the period required by
this subsection or fails to hold the required hearing within 60 days
from the date of the applicant's request for a hearing, the decision
shall be 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.
(8)
A copy of the final decision or, where no decision
is called for, of the findings shall be delivered to the applicant
personally or mailed to him no later than the day following the date
of the decision. To all other persons who have filed their name and
address with the Board or the City Council not later than the last
day of the hearing, a brief notice of the decision or findings and
a statement of the place at which the full decision or findings may
be examined shall be mailed.
A.
The Council may, on its own motion or by petition,
amend, supplement, change, modify or repeal this chapter, including
the Zoning Map. Before voting on the enactment of an amendment, the
Council shall hold a public hearing thereon, pursuant to public notice
as required by State Act of 1968, P.L. 805, No. 247,[1] as reenacted and amended.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
Any landowner or the City itself may propose and prepare a curative Amendment, as defined in Article I, to the Zoning Chapter for consideration by the Council in accordance with the procedures set forth in the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended.
C.
In the case of an amendment other than that prepared
by the Planning Commission, the Council shall submit each amendment
to the Planning Commission at least 30 days prior to the hearing on
such proposed amendment. In all cases, the Council shall also submit
any proposed amendment to the Westmoreland County Department of Planning
at least thirty (30) days prior to the public hearing on such proposed
amendment. Said submittals shall provide each planning agency an opportunity
to submit recommendations.
D.
If the proposed amendment involves a Zoning Map change,
notice of said public hearing shall be conspicuously posted by the
City at least one week prior to the date of the hearing at points
deemed sufficient by the City along the tract to notify potentially
interested citizens. In addition, notice of the public hearing shall
be mailed by the City at least 30 days prior to the date of the 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 City. The
notice shall include the location, date and time of the public hearing.
A good-faith effort and substantial compliance shall satisfy the requirements
of this subsection.
[Added 9-11-2006 by Ord. No. 2-06[2]]
[2]
Editor's Note: This ordinance also redesignated
former Subsection D as Subsection F.
E.
City Council may offer a mediation option as an aid in completing proceedings authorized by this § 236-34. In exercising such an option, the City and the mediating parties shall meet the stipulations and follow the procedures set forth in Section 908.1 of the Pennsylvania Municipalities Planning Code.
[Added 9-11-2006 by Ord. No. 2-06[3]]
[3]
Editor's Note: This ordinance also redesignated
former Subsection E as Subsection G.
F.
If, after any public hearing held upon an amendment,
the proposed amendment is revised or further revised to include land
previously not affected by it, the Council shall hold another public
hearing, pursuant to public notice, before proceeding to vote on the
amendment. At all public hearings, full opportunity to be heard shall
be given to any citizen and all parties in interest.
G.
Within 30 days after enactment, a copy of the amendment
to this chapter shall be forwarded to the County Planning Department.
A.
Appeals. Appeals may be filed with the Zoning Hearing
Board not later than 30 days after the date of the action which is
being appealed has been made, in accordance with the procedures set
forth in the Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247,[1] as reenacted and amended.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
Enforcement notice.
(1)
If it appears to the City that a violation of this
chapter has occurred, the City shall initiate enforcement proceedings
by sending an enforcement notice as provided in this chapter.
(2)
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.
(3)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other
person against whom the City intends to take action.
(b)
The location of the property in violation.
(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.
(d)
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right
to appeal to the Zoning Hearing Board within a period of 10 days.
(f)
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.
C.
Causes of action. 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 this chapter, the City Council or, with the approval of the City
Council, an officer of the City 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 City at least 30 days prior to the time the action is begun by
serving a copy of the complaint on the City Council. No such action
may be maintained until such notice has been given.
D.
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 therefor in a civil enforcement
proceeding commenced by the City, pay a judgment of not more than
$500, plus all court costs, including reasonable attorney fees incurred
by the City 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 City 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.
(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 chapter shall be construed
or interpreted to grant to any person or entity, other than the City,
the right to commence any action for enforcement pursuant to this
chapter.
(4)
At the time of adoption of this new Zoning Chapter of 1994, there may be existing violations of the City of New Kensington Zoning Ordinance. It is not the intent of this new 1994 ordinance to cure or satisfy such prior violations and the City reserves the right to enforce such prior violations under Subsections C and D of this section.
The following fees shall be paid at the office
of the Zoning Officer.
A.
Zoning permits and applications. Applicants for zoning
permits or other actions shall be required to pay the following fees:
(1)
Zoning permit for a permitted use: $25, plus $4 Pennsylvania
Uniform Construction Code education fee, pursuant to Act 13 of 2004.
[Amended 2-4-2009 by Ord. No. 1-09]
(2)
The fees for application to the Zoning Hearing Board
for a hearing shall be as follows:
[Amended 2-4-2009 by Ord. No. 1-09]
(a)
Administrative hearing costs, $150, plus additional
estimated costs for advertising and stenographic charges in the amount
of $500, shall be paid by any applicant prior to the scheduling of
a hearing.
(b)
The City shall hold the $500 in escrow, and
money not used shall be refunded to the applicant at the conclusion
of the hearing. If additional money is required, the applicant shall
be billed by the City and payment shall be due five days from the
date of the bill.
(3)
Occupancy permits: $10.
(4)
Certificate and registration of nonconforming uses:
$30.
B.
Special review fees.
(1)
In the event that any applications of the type listed under Subsection A(2) above require more than one meeting and/or public hearing by the Zoning Hearing Board or the City Council, then additional reasonable fees may be prescribed by the City for the necessary compensation for the Secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing in accordance with the requirements of § 908 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
(2)
Fees for a required stenographic record of the proceedings
and for the cost of transcripts shall be shared by the City and the
applicant as also set forth in § 908 of the Pennsylvania
Municipalities Planning Code.
[Added 8-1-2022 by Ord. No. 3-22]
A.
Application
for an overlay district review procedure.
(1)
The Commission shall render a decision on any application for a building
or sign permit under its review as per the existing City Code requirements,
provided that sufficient information to render an informed decision
has been supplied by the applicant or otherwise made available. After
a waiting, the Commission shall submit, in writing, to the City Council
recommendations concerning the issuance of a certificate of appropriateness.
In no instance shall the Commission take longer than 10 days to notify
the City Council if its decision.
(2)
At least five days before the City Council meeting at which the Commission's
recommendation concerning an application will be considered, the applicant
must be supplied with written notice of the date, time and place of
the Council meeting.
(3)
If the Commission decides to advise against the granting of a certificate
of appropriateness for all or part of an application, it shall indicate
to the applicant, in writing, the changes in plans and specifications,
if any, which, in the opinion of the Commission, would protect the
distinctive historical character of the district. If the applicant
decides to make the specified changes, he/she shall so notify the
Commission, in writing, within five days following the rendering of
its decision. The Commission, in turn, shall advise the City Council
accordingly. If the applicant is unable to make the decision in the
time allowed, he/she may submit an application with the specified
changes for consideration at a subsequent Commission meeting.
B.
Written report to City Council concerning certificate of appropriateness.
The written report to the City Council, which may be the minutes of
the Commission's meeting, concerning the Commission's recommendations
on the issuance of a certificate of appropriateness shall set out
the following matters:
(1)
The name of the applicant and the address or location of the area
in which the work is to be done. In the case of signs, the name of
the business shall be stated.
(2)
A brief statement of the building's architectural style, outstanding
architectural features, period or date of erection, if known, and
current degree of modification.
(3)
A description of the proposed exterior changes or the exterior characteristics
of the structure to be erected. When the Commission deems appropriate,
as in the case of new buildings or extensive changes to sensitive
buildings, drawings, photographs or other illustrative material may
be presented.
(4)
A statement of factors that the Commission considered to be relevant
in rendering its decision.
(5)
A summary of the Commission's deliberations, including any dissent,
as to the appropriateness of the work proposed as it will preserve
or diminish the historic character of the district.
(6)
The specific recommendations of the Commission as to the issuance
by the City Council or its refusal to issue a certificate of appropriateness.
C.
Actions of City Council concerning applications for certificate of
appropriateness.
(1)
Upon receipt of the written report from the Commission, the City
Council shall consider at the next regularly scheduled or special
meeting the question of issuing to the Code Enforcement Officer a
certificate of appropriateness authorizing a permit for work covered
by the application. The applicant shall be advised by the Code Enforcement
Officer of the time and place of the meeting at which his/her application
shall be considered. The applicant shall have the right to attend
this meeting and be heard as to the reasons for filing the said application.
In determining whether or not to certify to the appropriateness of
the proposal, the City Council shall consider the same factors that
the Commission is authorized to consider, which are set forth and
shall give weight to the Commission's recommendations.
(2)
If the Council approves the application, it shall issue its certificate
of appropriateness authorizing the Code Enforcement Officer to issue
a permit for the work covered. Appended to the permit shall be a statement,
including drawings or other appropriate materials, specifying what
is being authorized. The Code Enforcement Officer shall keep a copy
of this statement in his/her files.
(3)
If the City Council disapproves all or part of any application, it
shall do so in writing, and copies shall be given to the applicant
and to the Pennsylvania Historical and Museum Commission. The disapproval
shall indicate what changes in the plans and specifications would
meet the conditions for protecting the historical character of the
district.
(4)
The City Council must notify the Commission of all actions it takes
on the Commission's recommendations.
D.
Disapproval of an application for a building permit by the Code Enforcement
Officer.
(1)
Upon receipt of a written disapproval of the City Council, the Code
Enforcement Officer shall disapprove the application for a sign or
building permit and so advise the applicant. The applicant may appeal
from the disapproval as provided by law.
E.
Penalties. For any and every violation of the provisions of §§ 236-13.1, 236-13.2, 236-22I and 236-37, the owner, general agent, or contractor of a building or structure where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire structure where such violation has been committed or shall exist, and the owner, general agent, contractor, lessee, or tenant of any part of a building or structure in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor, or any person who knowingly commits, takes part, or assists in any such violation, shall be liable, on conviction thereof, to a fine or penalty not exceeding $600 for each and every offense. Whenever such person shall have been officially notified by the Code Enforcement Officer or by service of a summons in a prosecution, or in any other official manner, that he/she is committing a violation of §§ 236-13.1, 236-13.2, 236-22I and 236-37, each day's continuance of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines and penalties shall be in addition to any other fines, penalties and remedies provided by law for such cases and shall be collected in the same manner as is provided in the City Code.
F.
Conflict with other laws. Should any provision set forth in §§ 236-13.1, 236-13.2, 236-22I and 236-37 be found to conflict with any law of the United States or of the Commonwealth of Pennsylvania, such federal and/or state laws shall govern, and §§ 236-13.1, 236-13.2, 236-22I and 236-37 shall be construed accordingly. Such conflict shall not affect the validity of this portion of the City Code.
