Article XI Administration and Enforcement

Zoning permits.

A zoning permit shall be required prior to:

A change in use of land or structure;

The placement, erection, construction, improvement, or alteration of a structure, or portion thereof, including a fence, that has a fair market value exceeding $500, except that a zoning permit shall be required prior to all construction or development located in the Floodplain Overlay and the Airport Hazard Overlay, regardless of cost;

The alteration or improvement of any existing structure, where such improvement or alteration thereof increases the amount of space enclosed by the structure;

The alteration or development of any improved or unimproved real estate; and

The erection or alteration of any signs specified in Article VIII, except for those specifically exempted from permit.

No zoning permit shall be required for the following: (although a building permit may be required)

The placement, erection, construction, improvement, or alteration of a structure, or portion thereof, including a fence, that has a fair market value of less than $500, except that a zoning permit shall be required prior to all construction or development located in the Floodplain Overlay and the Airport Hazard Overlay, regardless of cost;

Ordinary repair to existing structures, except signs;

Light fixtures for single-family and two-family dwellings complying with the provisions of § 445-25;

Sidewalks or walkways on grade;

Sidewalk or walkway steps, when not connected to a building, porch, deck, or other part of a building or structure;

Handrails along sidewalk or walkway steps;

[7]

Flagpoles of the display of official government flags of the United States and its political subdivisions placed on lots containing single-family and two-family dwellings, provided that such flagpoles do not exceed the maximum height limitations for the underlying zoning district;

[8]

Vegetation, including trees, landscaping, and vegetative buffering;

[9]

Landscaping materials, excluding patios, decks, and porches;

[10]

Decorative lawn ornaments and walls not exceeding 32 inches in height;

[11]

Children's play yards, trampolines, treehouses, and swing sets placed in the rear or side of a lot containing a dwelling;

[12]

Stormwater management facilities;

[13]

Traffic control devices located within a public right-of-way or governmental easement;

[14]

Utility structures not exceeding seven feet in height, including emergency call stations, except that wireless communication facilities and lighting poles for recreational uses shall require permitting;

[15]

Railroad sidings;

[16]

Public transit stops involving surface improvements only;

[17]

Signs specifically exempted from permit; and

[18]

Temporary construction buildings or trailers as permitted in § 445-34A.

A zoning permit shall only be issued when it is deemed that the proposed use or improvement is in conformity with:

All applicable regulations of this chapter;

Any conditions imposed upon the site by the City of Scranton Zoning Hearing Board or the Scranton City Council; and

Any recorded subdivision or land development plan, when specifically required by the adopted subdivision and land development regulations of the City of Scranton.

Application procedures.

Applications for zoning permits shall be submitted by the applicant to the Zoning Officer.

An application for a zoning permit shall be made by the owner of any building or structure or the agent thereof; provided, however, that if the application is made by a person other than the owner or agent, it shall be accompanied by a written authorization of the owner or agent that the proposed work is authorized by the owner or agent. The full name and address of the owner or agent shall be stated in the application.

The Zoning Officer may consult with or call upon other City staff and/or City-appointed consultants in the review of submitted materials for applications.

Upon receiving the application, the Zoning Officer shall examine the application and grant or deny such application, in whole or in part, within 30 business days of the filing date. If the application or plans do not conform to the provisions of all pertinent ordinances and laws, the Zoning Officer shall deny such application in writing, stating the reasons therefor, and inform the applicant of his or her right to appeal the Zoning Officer's decision to the City Zoning Hearing Board. If satisfied that the proposed work and/or use conforms to the provisions of this chapter and all ordinances and laws applicable thereto and that a certificate of use and occupancy as required herein has been applied for, the Zoning Officer shall grant such zoning permit application.

The Zoning Officer may revoke a zoning permit or approval issued under the provisions of this Section in the case of any false statement or misrepresentation of fact in the application or on the plans on which the zoning permit or approval was based or for any other cause set forth in this chapter.

No zoning permit shall be issued until the fee, in an amount as established from time to time by resolution of the Scranton City Council, is paid to the City of Scranton. The payment of fees under this Section shall not relieve the applicant or holder of the zoning permit from payment of other fees that may be required by this chapter or by any other ordinances or law. Where a zoning permit is required by this Section but the work or the use is commenced or changed prior to obtaining such zoning permit, the fee set by resolution of the Scranton City Council shall be doubled to reflect the additional expense incurred by the City of Scranton resulting from the need to inspect the property, respond to any complaints, issue any enforcement notices, and/or process additional applications. The payment of such increased permit fee shall not relieve any person from the compliance with all requirements of this chapter or any other applicable ordinances or laws or from any penalties or enforcement actions authorized by this chapter or the Pennsylvania Municipalities Planning Code (MPC).

[7]

In all instances in which the Zoning Officer expresses reasonable doubt as to the ability of a proposed use or improvement to meet all of the requirements of this Section, it will be incumbent upon the applicant to furnish adequate evidence in support of his or her application. If such evidence is not presented, the zoning permit will be denied.

[8]

An applicant whose request for a zoning permit has been denied by the Zoning Officer may make a later application for a zoning permit, provided that all deficiencies which were the basis for the prior denial of the permit have been eliminated. The Zoning Officer shall not be required to conduct a new review of the application if this condition is not met.

[9]

The zoning permit shall expire after one year from the date of issuance; provided, however, that the permit may be extended every six months for a period not to exceed an additional two years, upon written request by the applicant that demonstrates good cause to the Zoning Officer. When a zoning permit is issued in conjunction with a building permit, the zoning permit shall remain valid for up to five years so long as the building permit is valid.

[10]

The zoning permit shall be a license to proceed with work and shall not be construed as authority to violate, cancel, or set aside any provisions of this chapter. The issuance of a zoning permit does not indicate that a building permit will be issued nor is it considered a license to begin work where a building permit is also required.

[11]

All approved zoning permits shall be prominently and continuously displayed on the subject property during construction, renovation, reconstruction, repair, remodeling, or the conduct of other site improvements. Such permit displays shall occur within five days of permit issuance or prior to the commencement of actual work on the site, whichever occurs first, and shall remain on display until the site receives its certificate of use and occupancy.

General application requirements. Applications for zoning permits shall contain a general description of the proposed work, development, use, or occupancy of all parts of the structure or land and shall be accompanied by plans in duplicate drawn to scale and showing the following, where applicable:

The actual dimensions and shape of the lot to be developed;

The exact location and dimensions of any structures to be erected, constructed, and/or altered;

Existing and proposed uses, including the number of dwelling units, tenant spaces, employees, etc., that all structures are designed to accommodate;

The location and number of off-street parking and loading spaces;

Utility systems affected and proposed, including the locations of any primary and alternate on-lot sewage disposal systems and the required isolation distances imposed thereupon and any sewer permitting required;

Alteration or development of any improved or unimproved real estate;

[7]

Two copies of any approved highway occupancy or driveway permits;

[8]

Any supplementary information required as a condition for use or development in the Floodplain Overlay and the Airport Hazard Overlay as detailed in Article IV;

[9]

Information related to needed conservation plans, nutrient management plans, and erosion and sediment pollution control plans; and

[10]

Any necessary approvals granted by the Pennsylvania Department of Labor and Industry or any other state agencies.

Additional application requirements for nonresidential uses. Applications for zoning permits for uses of a nonresidential nature shall also contain, where applicable:

A location plan showing the lot(s) to be developed, zoning district boundaries, adjoining lots, significant natural features, and streets for a distance of 200 feet from all lot boundaries;

A plot plan of the lot showing the location of all existing and proposed buildings, structures, driveways, parking lots, access drives, circulation patterns, curb cut accesses, screening fences and walls, waste and sewage disposal areas, other construction features, and the location of all topographical features;

A description of the proposed operations in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or noxious matter or radiation;

Designation of the manner by which sanitary sewage and stormwater shall be conveyed and water supply obtained;

The proposed number of shifts to be worked and the maximum number of employees on each shift; and

Where use by more than one business/firm is anticipated, a list of the businesses/firms which are likely to be located in the development, their floor area, and estimated number of employees for each.

Certificates of use and occupancy.

It shall be unlawful to use and/or occupy any building, structure, sign, and/or land or portion thereof for which a zoning permit is required herein until a certificate of use and occupancy for such building, structures, sign, and/or land or portion thereof has been issued by the Zoning Officer. The application for issuance of a certificate of use and occupancy shall be made at the same time as an application for a zoning permit is filed with the Zoning Officer.

The application for a certificate of use and occupancy shall be in such form as the Zoning Officer prescribes and may accompany the application for a zoning permit.

The application for a certificate of use and occupancy shall contain the intended use and/or occupancy of any building, structure, sign, and/or land or portion thereof for which a zoning permit is required herein.

The Zoning Officer or his or her assign shall inspect any building, structure, or sign within 10 days upon notification that the proposed work that was listed under the zoning permit has been completed, and if satisfied that the work is in conformity and compliance with the work listed in the issued zoning permit and with all other pertinent provisions, ordinances, and laws, shall issue a certificate of use and occupancy for the intended use listed in the application.

Upon request of a holder of a zoning permit, the Zoning Officer may issue a temporary certificate of use and occupancy for a building, structure, sign, and/or land, or portion thereof, before all work covered by the zoning permit has been completed provided that such portion or portions may be used and/or occupied safely prior to full completion of the work without endangering life or public welfare. Such temporary certificates shall be valid for a period of time to be determined by the Zoning Officer, however, in no case for a period exceeding six months, unless an extension of the temporary permit has been requested from and granted by the Zoning Officer.

A certificate of use and occupancy shall not be issued for buildings and structures located in subdivisions or land developments requiring improvement guarantees until the building or structure has access to either a roadway which has been dedicated to and accepted by the City or which abuts upon a street which has been paved with a base wearing course.

(g)

The certificate of use and occupancy or a copy thereof shall be kept available for official inspection at all times.

(h)

If a zoning permit and/or building permit is not required, a certificate of use and occupancy will still be required.

Building permits.

Building permit administration shall be governed by provisions of the current building code adopted by the City of Scranton; provided, however, that no building permit shall be deemed valid until the Zoning Officer has certified that the proposed building, structure, addition, or alteration thereto or any change of use complies with all of the provisions of this chapter and has issued to the applicant a zoning permit.

The building permit shall be a license to proceed with work and shall not be construed as authority to violate, cancel, or set aside any provisions of this chapter. The issuance of a building permit does not indicate that a zoning permit will be issued nor is it considered a license to begin work where a zoning permit is also required.

The Zoning Officer shall deny any permit authorized by this chapter to any applicant to whom a permit may be denied pursuant to the Neighborhood Blight Reclamation and Revitalization Act, Act 90 of 2010, 53 Pa.C.S.A. § 6101 et seq.

§ 445-75 Zoning Officer.

Appointment and powers of the zoning officer. It shall be the duty of the Zoning Officer to:

Examine, record, and file all applications for zoning permits, with any accompanying plans and documents, and to issue such permits only for lots, uses, and structures which are in conformity with the provisions of this chapter or which are permitted nonconformities as regulated by Article IX;

Initiate enforcement proceedings;

Receive all fees to the City as required by this chapter and to post a schedule of fees in the Scranton Municipal Building;

§ 445-77 Violations, penalties, and remedies.

Receive complaints and notify persons of violations of the provisions of this chapter;

(5)

Conduct inspections of property for which zoning permits have been issued to ascertain if the construction or use is in conformity with the provisions of the permit;

(6)

Present to the Scranton City Council, Planning Commission, or Zoning Hearing Board such facts, records, and any similar information required to assist such bodies in their deliberations;

(7)

Keep records of all applications received, permits and certificates of use and occupancy issued, reports of inspection, and notices and orders issued, and to file and safely keep copies of all plans permitted, which shall be available for the use of the Scranton City Council and other the City of Scranton officials;

(8)

Keep current copies of this chapter and the Zoning Map for distribution to the public; and

(9)

To perform other duties in the administration and enforcement of this chapter as may be directed by the Scranton City Council.

§ 445-76 Fees.

The Scranton City Council shall establish, by resolution, a schedule of fees and a collection procedure for all permits, applications, and appeals.

The schedule of fees shall be available in the Scranton Municipal Building.

All such fees shall be payable to the City of Scranton.

No request for any permits, applications, or appeals shall be considered complete, nor shall they be filed or docketed, until all fees have been paid in full.

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 Scranton City Council or an officer of the City, with the approval of the Scranton City Council, 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 to be instituted by a landowner or tenant, notice of that action shall be served upon City at least 30 days prior to the time the action is to be instituted by serving a copy of the complaint on the Scranton City Council. No such action may be instituted until such notice has been given.

Enforcement notices.

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 subsection.

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.

An enforcement notice shall be in writing and shall state at least the following:

The name of the owner of record and any other person against whom the City intends to take action;

The location of the property in violation;

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 an outline of remedial action which, if taken, will bring such property compliance with the provisions of this chapter;

The date before which the steps for compliance must be commenced and the date before which the steps must be completed;

A statement that the recipient of the notice has the right to appeal to the Zoning Hearing Board; and

A statement 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.

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

(5)

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

Penalties and remedies.

District Justices shall have initial jurisdiction over proceedings brought under this chapter.

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, in assessing if there has been a further violation, 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.

The Lackawanna County 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.

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.

§ 445-78 Planning Commission.

The City of Scranton Planning Commission has been created in accordance with Article II of the Pennsylvania Municipalities Planning Code (MPC) to fulfill the advisory role to the Scranton City Council in the administration of this chapter and the adopted subdivision and land development regulations of the City of Scranton.

Membership.

The membership of the Planning Commission shall consist of seven members, all of whom shall be residents of City. At least three of the seven members shall be citizen members and shall not be officers or employees of the City.

The term of office for each member shall be four years, and the terms of no more than two members shall expire in any calendar year.

When any vacancies occur, the chairman of the Planning Commission shall promptly notify the Scranton City Council, upon which a member of the Scranton City Council shall fill the vacancy for the unexpired portion of the term until a replacement member is found.

Duties. The Planning Commission shall, at the request of the Scranton City Council, have the power and shall be required to, at the request of the Scranton City Council:

Represent the City in the development of the Scranton-Abingtons Planning Association Comprehensive Plan and any future comprehensive plan;

Maintain and keep records of its actions, which shall be in the possession of the Scranton City Council;

Make recommendations to the Scranton City Council concerning adoption or amendment of an official map;

Prepare and present to the Scranton City Council a zoning ordinance and make recommendations to the Scranton City Council on proposed amendments to it; and

(5)

Do such other acts or make such studies as may be necessary to fulfill the duties and obligations imposed by the Pennsylvania Municipalities Planning Code (MPC) or as prescribed in this chapter.

§ 445-79 Amendments.

Publication, advertisement, and availability of ordinances and amendments. Proposed zoning ordinances and amendments shall be published, advertised, and available for review in accordance with the procedures found in Section 610 of the Pennsylvania Municipalities Planning Code (MPC).

Zoning map amendments (rezoning).

Purpose of rezoning. Rezoning can be initiated to protect the safety, capacity, and efficiency of the City's existing infrastructure systems; to maintain fiscal responsibility; and to uphold the objectives of the Scranton-Abingtons Planning Association Comprehensive Plan.

Rezoning applications. Rezoning applications are completed on the official forms provided by the Zoning Officer. All applicants submitting rezoning applications are required to prepare a series of plans, analyses and reports as enumerated by the following, to demonstrate the compatibility of a rezoning proposal:

Statement of existing and proposed base and overlay zoning districts;

Conceptual site development plan;

Topographic survey;

Site conditions report;

Estimated infrastructure demands (sanitary sewer and potable water) in gallons per day;

Off-street parking projections (number of parking spaces) available on site;

(g)

A summary of anticipated impacts on adjoining lots including but not limited to noise, vibration, night-time lighting, service area locations and visibility, and hours of operation;

(h)

Other related studies that the City may require, depending upon the location of lot access, infrastructure service/demands, and impacts identified on adjoining lots, such as a:

Traffic impact study;

Fiscal impact analysis;

Density comparison between existing and proposed zoning districts; and/or

Geotechnical/stormwater analysis.

Review of rezoning applications.

The zoning officer will:

Perform a review of the application and packet for completeness. An incomplete or insufficient application and packet will be returned to the applicant. A completed application and packet will be forwarded to the City and Lackawanna County planning commissions for review;

Provide the applicant written confirmation within seven business days stating that the application has been received with all required information; and

Submit a written recommendation to the Planning Commission and the Scranton City Council, either in favor of or not in favor of the rezoning proposal, including a specific statement as to whether or not the proposed rezoning is in accordance with the objectives of the Scranton-Abingtons Planning Association Comprehensive Plan;

As part of the rezoning approval process, the Scranton City Council and Planning Commission can consider the motivation and implications of each plan, analysis, and report.

The Planning Commission will:

Consider any projected beneficial and/or detrimental effects on the City and hold a public hearing on the application, if deemed applicable; and

Forward to the Scranton City Council a recommendation for the nature of action regarding rezoning.

The Lackawanna County Planning Commission shall review such requests and provide comments as necessary to the Scranton City Council and Planning Commission.

The Scranton City Council will hold a public hearing on the application and may compose a brief summary explanation of its decision and will forward the decision and explanation to the applicant. Upon rezoning approval, the Zoning Officer will update the Zoning Map accordingly.

Zoning ordinance amendments. The Scranton City Council may, from time to time, amend, supplement, or repeal any of the regulations and provisions of this chapter. The enactment of a zoning amendment shall be in accordance with Section 609 of the Pennsylvania Municipalities Planning Code (MPC).

Curative amendments.

Landowner curative amendments. A landowner who desires to challenge on substantive grounds the validity of this chapter or the Zoning Map, or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest, shall submit to the City of Scranton a curative amendment, any fees established by resolution of the City, and a written request that his challenge and proposed amendment be heard and decided as provided in Section 916.1 of the Pennsylvania Municipalities Planning Code (MPC). The Scranton City Council shall commence the associated procedures in accordance with Section 609.1 of the Pennsylvania Municipalities Planning Code (MPC).