[Ord. 273, 2/16/1982; as amended by Ord. 279, 10/18/1983; by Ord. 318, 7/7/1987; Ord. 348, 9/3/1991; and by Ord. 473, 1/16/2018]
1. 
The provision of this Chapter shall be administered and enforced by the Zoning Officer, who shall be appointed by the Borough Council. It shall be the duty of the Zoning Officer, or Council’s appointed official, and he/she shall have the power, to:
A. 
Receive and examine all applications for zoning permits, certificates of occupancy, floodplain permits and sign permits.
B. 
Process zoning permit applications for all uses as enumerated in Parts 2 through 6 and §27-1313.
C. 
Issue permits only where there is compliance with the provisions of this Chapter, with other Borough ordinances and with the laws of the Commonwealth. Permits for construction of uses requiring a special exception or variance shall be issued only upon order of the Zoning Hearing Board. Permits requiring approval by the Borough Council shall be issued only after receipt of approval from the Borough Council.
D. 
Receive applications for special exceptions and variances and forward these applications to the Zoning Hearing Board for action thereon.
E. 
Receive applications for conditional uses, curative amendments and zoning changes, forwarding requests to the Borough Council, Planning Commission and other appropriate agencies.
F. 
Following refusal of a permit, receive applications for interpretation, appeals and variances and to forward these applications to the Zoning Hearing Board for action thereon.
G. 
Conduct inspections and surveys determine compliance or noncompliance with the terms of this Chapter.
H. 
Issue stop, cease and desist orders and order, in writing, correction of all conditions found to be in violation of the provisions of all applicable Borough ordinances. Such written orders shall be served personally or by certified mail upon persons, firms or corporations deemed by the Zoning Officer to be violating the terms of this Chapter. It shall be unlawful for any person to violate any such order issued lawfully by the Zoning Officer, and any person violating any such order shall be guilty of a violation of this Chapter.
I. 
Institute, in the name of the Borough, any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violations, so as to prevent the occupancy of or use of any building, structure or land; to prevent any illegal act, conduct, business or use in or about such premises. The Zoning Officer has the right to lodge a criminal complaint against any violator of this Chapter, whether or not any other action has been taken to halt the use.
J. 
Revoke any order or zoning permit issued under a mistake of fact or contrary to the law of the provisions of this Chapter.
K. 
Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans and documents shall be a public record.
L. 
Maintain map or maps showing the current zoning classification of all land in the Borough.
M. 
Register nonconforming structures, uses or lots in accord with the provisions of §27-1302.
N. 
Create and maintain the files required to carry out and maintain records of all his/her actions pursuant to this Chapter.
O. 
Institute civil enforcement proceedings as a means of enforcement when authorized.
P. 
Receive and examine all applications for minor lot line adjustments and make a determination for recommendation of waivers in accordance with §22-455 of the Yardley Borough Subdivision and Land Development Ordinance.
[Ord. 273, 2/16/1982; as amended by Ord. 283, 5/15/1984]
The Planning Commission shall review applications for zoning permits referred to it under §27-1313. A to ensure compliance with the terms of this Chapter. The Planning Commission shall then submit its comments to the Zoning Officer (and, in the case of conversions, to the Borough Council) within 45 days of receipt of the application from the Zoning Officer. Should the Planning Commission fail to submit a report and recommendations to the Zoning Officer (or Borough Council, in the case of conversions) within 45 days from the receipt of the application from the Zoning Officer, the application shall be deemed acceptable to the Planning Commission.
[Ord. 273, 2/16/1982; as amended by Ord. 283, 5/15/1984]
1. 
Hereafter, no use may be established or changed; no structure shall be erected, constructed, reconstructed, altered, razed or removed; and no building shall be used or occupied or changed in use until a zoning permit has been secured from the Zoning Officer. Upon completion of changes in use or construction, reconstruction, alteration or moving of structures, the applicant shall notify the Zoning Officer of such completion. No permit shall be considered as complete or as permanently effective until the Zoning Officer has noted on the permit that the work or occupancy and use have been inspected and approved as being in conformity with the provisions of this Chapter. A zoning permit need not precede subdivision or land development applications. Building permits shall not be applied for until the zoning permit has been issued.
A. 
For all proposed uses listed below in which six or more additional parking spaces are required, the Zoning Officer shall refer applications to the Borough Planning Commission for review under the provisions and requirements of this Chapter:
(1) 
All institutional uses.
(2) 
All uses permitted in the C-1, C-2 and I-1 Districts.
(3) 
Golf courses.
(4) 
Land development of ground in excess of 15% of slope.
(5) 
Conversions.
B. 
Application Requirements for Zoning Permits. All applications for zoning permits shall be made in writing by the owner, tenant, vendor under contract of sale or authorized agent on a form supplied by the Borough and shall be filed with the Zoning Officer. The application shall include four copies of the following information:
(1) 
A statement as to the proposed use of the building or land.
(2) 
A site layout, drawn to scale, showing the location, dimensions and height of proposed buildings, structures or used and any existing buildings and vegetation in relation to property and street lines. If the application relates to property scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.
(3) 
The location, dimensions and arrangements of all open spaces, yards and buffer yards, including methods to be employed for screening.
(4) 
The location, size, arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading and provisions to be made for lighting such areas.
(5) 
The dimensions, location and methods of illumination for signs, if applicable.
(6) 
The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
(7) 
Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage.
(8) 
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land.
(9) 
A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.
(10) 
A description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
(11) 
Names of property owners of adjoining properties.
(12) 
Any other data deemed necessary by the Zoning Officer, Planning Commission or Borough Council to enable them to determine the compliance of the proposed development with the terms of this Chapter.
C. 
No permit for any new use or construction which will involve the on-site disposal of sewage or waste and no permit for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on the site shall be issued until a certificate of approval has been issued by the Bucks County Department of Health and conforms to all applicable Borough regulations.
[Ord. 273, 2/16/1982]
1. 
Hereafter, no structure erected, constructed, reconstructed, extended or moved and no land or building changed in use shall be occupied or used in whole or in part, for any use whatsoever, until the owner and authorized agent has been issued a certificate of occupancy by the Zoning Officer, indicating that the building or use complies with the terms of zoning as provided in this Chapter.
2. 
No certificate shall be issued until the premises in question has been inspected and found by the Zoning Officer to be in compliance with the Zoning Ordinance and all applicable zoning permits and building permits have been secured. No fee shall be charged for a certificate of occupancy.
3. 
The issuance of a certificate of occupancy in no way absolves the owner or authorized agent from compliance with the intent of this Chapter.
[Ord. 273, 2/16/1982; as amended by Ord. 348, 9/3/1991; by Ord. 372, 6/20/1995; and by Ord. 399, 12/1/1998]
1. 
The Borough Council may allow or deny conditional uses after receiving recommendations from the Yardley Borough Planning Commission pursuant to the various standards set forth in this Section and those contained in Parts 2 through 6.
2. 
Conditional Uses: Administration.
A. 
Applicability. The Borough Council shall have the power to approve conditional uses when this Chapter specifically requires the obtaining of such approval and for no other use or purpose.
B. 
Conditions and Standards. In granting a conditional use, the Borough Council shall make findings of fact consistent with the provisions of this Chapter. The Borough Council shall not approve a conditional use, except in conformance with the conditions and standards outlined in this Chapter.
C. 
General Requirements and Standards. The Borough Council shall grant a conditional use only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use. The Borough Council shall, among other things, require that any proposed use and location be:
(1) 
In accordance with the Yardley Borough Comprehensive Plan and consistent with the spirit, purposes and the intent of this Chapter.
(2) 
In the best interests of the Borough, the convenience of the community, the public welfare and be a substantial improvement to the property in the immediate vicinity.
(3) 
Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.
(4) 
In conformance with all applicable requirements of this Chapter and all Borough ordinances.
(5) 
Suitable in terms of effects on highway traffic and safety with adequate access arrangements to protect street from undue congestion and hazard.
(6) 
In accordance with sound standards of subdivision and land development practice where applicable.
D. 
Requirements and Standards Applicable to Specific Uses. In addition to the general requirement and standards specified in Subsection 2.C, the applicant shall provide information required below and any additional information requested by Borough Council to make its evaluation:
(1) 
Adult Community.
(a) 
The applicant shall identify all accessory facilities and services to be located or provided within the adult community. The floor area (square footage and location within the development) shall be identified.
(b) 
The applicant shall identify any area of the site to be dedicated to any governmental body. Any site improvements or facilities to be located on the dedicated area shall be identified.
(c) 
The applicant shall provide draft agreements and/or covenants which provide appropriate age and occupancy criteria or restrictions necessary to meet the intended purposes for an adult community as stated in this Subsection 2.D, and the same shall be subject to approval by the Borough.
(d) 
The applicant shall identify access improvements to ensure safe movement to adjoining streets.
(e) 
Recreational improvements, outdoor and indoor, shall be identified.
(f) 
Pedestrian improvements within the site and to areas outside the site, shall be identified.
(2) 
Cellular Telecommunications Facilities.
(a) 
The applicant shall certify in writing that written notification has been given and received by all property owners adjoining the site of the proposed telecommunications facility. The certification shall be submitted a minimum of two weeks prior to the public hearing by the Borough Council.
(b) 
The applicant shall present reliable and credible technological evidence that the telecommunications facility must go in said zoning district with the proposed antenna height in order to satisfy its function in the grid system and provide the quality of services as required by law.
(c) 
The applicant shall be required to demonstrate that there is not suitable space on existing telecommunications facilities, other telecommunications facilities sites or other sufficient tall structures where the intended telecommunications facility can be accommodated and function as required by its license without unreasonable modification.
(d) 
If the applicant proposes to build a new tower, he/she shall demonstrate that he/she contacted the owners of tall structures within a ½-mile radius of the site proposed, asked for permission to install the antenna on those structures and was denied for reasons other than economic ones. This includes smokestacks, water towers, tall buildings, antenna support structures of other telecommunications towers (fire, police, etc.) and other tall structures.
(e) 
The applicant shall present a rendering of the telecommunications facility and pictorial representations of the tower from several key viewpoints within the Borough.
(f) 
The Borough Council shall evaluate the need for additional buffer yard treatment and screening.
(g) 
The Borough Council may deny any application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing facility. A good faith effort shall include engineering and other support data showing that one or more of the following reasons for not selecting an existing structure apply:
1) 
The proposed antenna and equipment would exceed the structural capacity of the existing structure and reconstruction cannot be accomplished at a reasonable cost.
2) 
The proposed antenna and equipment would cause radio frequency with other existing equipment for that structure and the interference cannot be prevented at a reasonable cost.
3) 
Such existing structures do not have proper location, adequate space, access or height to accommodate the proposed antenna and equipment or to allow it to perform its intended function and reconstruction cannot be accomplished at a reasonable cost.
4) 
Addition of the proposed antenna and equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the FCC governing exposure to electromagnetic radiation.
(h) 
In addition to the conditional use application fee, the applicant shall submit an escrow fee deposit in accordance with the fee schedule adopted by resolution of the Borough Council. Such escrow deposit shall be used by the Borough to pay for all reasonable and necessary charges incurred by the Borough for reviews and reports of the Borough Engineer, Solicitor and professional consultants as deemed necessary by the Borough. Any unused portion of the deposit shall be returned to the applicant.
E. 
The Borough Council may impose whatever conditions it deems necessary to ensure that any proposed development will secure substantially the objectives of this Chapter.
F. 
Review by Planning Commission. The Borough Council shall request an advisory opinion from the Planning Commission on any application for a conditional use. The Planning Commission is to submit a report of such advisory opinion prior to the date of the public hearing held by the Borough Council on an application.
G. 
Conditional use applications shall be governed by the following:
(1) 
The landowner shall make a written request to the Borough Council that it hold a hearing on his/her application. The request shall contain a statement reasonably informing the Borough Council of the matters that are in issue.
(2) 
The application shall be accompanied by plans and other materials describing the use or development proposed. Such plans and other materials shall provide a sufficient basis for evaluating the applicant’s request. Information required by this Chapter shall accompany the application.
(3) 
The Borough Council shall hold a hearing upon the request, commencing not later than 60 days after the request is filed, unless the applicant requests or consents in writing to an extension of time.
(4) 
The applicant shall at the time of making application, pay a fee in accordance with a fee schedule adopted by resolution of the Borough Council or as such schedule may be amended from time to time.
(5) 
The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the Borough Council, and any other person including civic or community organizations permitted to appear before the Borough Council. Borough Council shall have power to require that all persons who wish to be considered parties enter request, in writing, on forms provided by the Borough Council for that purpose.
(6) 
The President or acting President of the Borough 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.
(7) 
The parties shall have the right to be represented counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
(8) 
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
[Ord. 273, 2/16/1982; as amended by Ord. 279, 10/18/1983]
Any permit issued shall become invalid if the authorized work is not commenced within six months after issuance of the permit or if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work.
[Ord. 273, 2/16/1982; as amended by Ord. 288, 2/19/1985]
All applicants for zoning permits, signs, conditional uses and curative amendments appeals shall be assessed a fee in accordance with a fee schedule adopted by resolution of the Borough Council upon the enactment of this Chapter or as such schedule may be amended by resolution of the Borough Council.