The Zoning Officer shall be appointed as required by the Monroeville
Home Rule Charter. The Zoning Officer shall meet qualifications established
by the Municipality and shall be able to demonstrate to the satisfaction
of the Municipality a working knowledge of municipal zoning.
The Zoning Officer shall administer and enforce the provisions
of this chapter, and amendments hereto, 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.
The Zoning Officer shall have the authority to make inspections necessary
to determine compliance with this chapter and shall maintain records
thereof and shall have the authority to issue an enforcement notice
and a cease and desist order upon determination that a violation has
occurred. The Zoning Officer's duties shall include the following:
A.
Receive and examine all zoning permit applications;
B.
Notify applicants of any deficiencies in applications and request
additional information;
C.
Issue zoning permits and zoning occupancy certificates for all applications
that have been reviewed and approved according to provisions of this
chapter and any applicable ordinances;
D.
Receive, review and issue permits for fences, accessory structures,
signs and temporary uses;
E.
Review, file and forward to the Zoning Hearing Board, the records
of all appeals and all applications for variances, expansion of nonconforming
uses and special exceptions and maintain records thereof;
F.
Receive, file and forward to the Planning Commission for recommendation,
and to the Council for approval, all applications for conditional
uses prior to considering issuance of a zoning permit or a zoning
occupancy certificate for the proposed use and maintain records thereof;
G.
Inspect buildings, structures and uses of land to determine compliance
with the provisions of this chapter;
H.
Issue enforcement notices for violation of any provision of this
chapter in accordance to the requirements of § 1403;
I.
Initiate civil enforcement proceedings for failure to comply with
enforcement notices;
J.
Revoke any order or permit under a mistake of fact or contrary to
the provisions of this chapter;
K.
Record and file all applications for zoning approvals, zoning permits
and/or zoning occupancy certificates with accompanying plans and documents
and maintain those files as public record; and
L.
Register and maintain records of nonconforming uses, structures and
lots under this chapter.
A.
Violations. Failure to comply with any provisions of this chapter,
failure to secure zoning approval prior to the erection, construction,
structural alteration, addition or occupancy of a building or structure
or failure to secure a zoning permit and/or zoning occupancy certificate
for the use or change in use or occupancy of structures or land shall
be a violation of this chapter; and the municipality shall initiate
enforcement proceedings by sending an informal notice;
B.
Enforcement notice. The enforcement notice shall be sent to the owner
of record of the parcel on which the violation has occurred, to any
person who filed a written request to receive enforcement notices
regarding that parcel, and to any other person requested in writing
by the owner of record. The enforcement notice shall contain the following:
(1)
The name of the owner of record and any other person against
whom the Municipality intends to take action;
(2)
The location of the property in violation;
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of the ordinance;
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed;
(5)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within 30 days in accordance with the procedures
set forth in this chapter; and
(6)
That failure to comply with the enforcement notice within the
time specified, unless extended by appeal to the Zoning Hearing Board,
constitutes a violation, with possible sanctions clearly described.
C.
In any appeal of enforcement notice to the Zoning Hearing Board,
the Municipality shall have responsibility of presenting its evidence
first.
D.
Causes of action. If any building, structure, landscaping or land
is, or is proposed to be, erected, constructed, reconstructed, altered,
converted, maintained or used in violation of any ordinance enacted
under this act or prior enabling laws, the governing body or, with
the approval of the governing body, the Zoning Officer of the Municipality,
or any aggrieved owner or tenant of real property who shows that his
property or person will be substantially affected by the alleged violation,
in addition to other remedies, may institute any appropriate action
or proceeding to prevent, restrain, correct or abate such building,
structure, landscaping or land, or to prevent, in or about such premises,
any act, conduct, business or use constituting a violation. When any
such action is instituted by a landowner or tenant, notice of that
action shall be served upon the Municipality at least 30 days prior
to the time the action is begun by serving a copy of the complaint
on the governing body of the Municipality. No such action may be maintained
until such notice has been given.
A.
Except when a different penalty is provided, 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 therefore
in a civil enforcement proceeding commenced by the Municipality, pay
a judgment of not more than $500 plus all court costs, including reasonable
attorney fees incurred by the Municipality as a result thereof. No
judgment shall commence or be imposed, levied or payable until the
date of determination of a violation by the District Justice. If the
defendant neither pays nor timely appeals the judgment, the Municipality
may enforce the judgment pursuant to the applicable rules of civil
procedure;
B.
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 cooperation 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. All judgments, costs and reasonable attorney
fees collected for the violation of this chapter shall be paid over
to the Municipality;
C.
The Allegheny 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; and
D.
Nothing contained in this subsection shall be construed or interpreted
to grant to any person or entity other than the Municipality the right
to commence any action for enforcement pursuant to this subsection.
A.
No use of land shall be made or any building or structure constructed,
altered, remodeled, sold, leased, occupied or used, nor any existing
use of a building, structure or land be changed until a zoning permit
and/or zoning occupancy certificate has been issued by the Zoning
Officer;
B.
The improvements of land preliminary to any use of such land shall
not be commenced prior to the issuance of the zoning permit and/or
zoning occupancy certificate; and
C.
Any permit issued in conflict with the provisions of this chapter
shall be invalid.
A.
Whenever the proposed activity, whether new construction or alteration
of an existing use, requires a building permit, applications for a
zoning permit shall be made prior to or simultaneously with the application
for the building permit. The building permit shall not be issued until
the zoning permit has been granted;
B.
When no building permit is required, the application for the zoning
permit and zoning occupancy certificate may be made at any time prior
to the use or occupancy of the structure or land;
C.
The owner or the owner's authorized agent shall make an application
for a zoning permit in writing on a form furnished by the Municipality
and shall include the statement of the intended use of the building.
At a minimum, the following information shall be provided:
(1)
Two copies of a property survey, drawn to scale, showing: key
location map; graphic scale; North arrow; closest intersecting public
road; exact dimensions and total acreage of the lot(s) or parcel(s);
zoning of lots and adjoining lots; exact location and exterior dimensions
of existing and proposed building(s) or other structure(s); exact
dimensions of front, side and rear yards for all principal and accessory
structures; and any other data as may be deemed necessary and be requested
by the Zoning Officer to determine compliance with this chapter;
(2)
The Zoning Officer may require an applicant to furnish a survey
of the property by a surveyor registered with the state of Pennsylvania
when complete and accurate information is not readily available from
existing records;
(3)
The Zoning Officer may require additional information to determine
compliance with this chapter. It shall be the duty of the Zoning Officer
to review the application to determine if all necessary information
has been submitted and request more information of the applicant;
and
(4)
Unless such a requirement is waived by Council, all applications
for a zoning permit shall be accompanied by a fee, to be based on
the Fee Schedule as adopted by the Municipality.
D.
The Zoning Officer shall not issue the zoning permit or zoning occupancy
certificate unless the property complies with this chapter, the Pennsylvania
Uniform Construction Code (PA UCC) and amendments, the Subdivision
and Land Development Ordinance,[1] the Stormwater Management Ordinance[2] and all other applicable municipal, county, state and
federal laws, ordinance and regulations, and until all other required
approvals and permits have been obtained from applicable municipal,
county, state and federal agencies;
E.
When approvals are not required by other Municipal agencies or governmental
entities, the Zoning Officer shall review and approve or disapprove
the application;
F.
An application for a zoning permit does not permit occupancy. A zoning
occupancy certificate is also required. Under certain circumstances,
application for any approval of a zoning permit and zoning occupancy
certificate may be combined;
G.
Zoning occupancy permits. Prior to occupancy of land or structure
or to the change of tenants, ownership, or occupants of any structure,
land or premises, or any portion thereof, a zoning occupancy permit
shall be obtained stating that the premises is in full compliance
with this chapter;
H.
A Zoning occupancy permit shall be revocable where the Zoning Officer
determines that the occupant is not complying with every condition
required by the issuance of said permit;
I.
Upon completion of the applied-for work, the applicant shall notify
the Zoning Officer, who shall examine the building, structure or use
of land involved. If the Zoning Officer shall find that such construction,
erection, structural alternation or use of building and land has been
completed in accordance with the provisions of this chapter and other
applicable ordinances, the zoning occupancy certificate shall be issued;
J.
Period of validity. A zoning permit shall become null and void within
one year from date of issuance, unless the construction, altering,
remodeling of a building or structure is commenced or a use of land
or building is commenced. The landowner shall be responsible for applying
for a renewed permit at least 60 days prior to the expiration of an
existing permit. The Zoning Officer shall be responsible for scheduling
inspections related thereto;
K.
Prior to continuance of the activity or change for which the original
permit was issued, a new zoning permit must be obtained. The zoning
permit may be renewed by the Zoning Officer if there has been no change
in applicable zoning regulations, and if such renewal is requested
within 60 days prior to the date of expiration of said zoning permit.
If applicable zoning regulations have been changed, the full review
and approval procedure required by this chapter shall apply. Any zoning
permit issued by authorization of the Board shall not be renewed except
by authority of the Board;
L.
Within 60 days after the receipt of an application, the Zoning Officer
shall either approve or disapprove the application or submit the application
to appropriate review agencies in conformance with the provisions
of this chapter. All zoning permits shall be conditional upon the
commencement of work within one year and substantial completion within
2 1/2 years. One copy of the plans shall be returned to the applicant
by the Zoning Officer after the Zoning Officer shall have marked such
copy either as approved or disapproved and attested to same by his
signature on such copy. One copy of plans, similarly marked, shall
be retained by the Zoning Officer. The Zoning Officer shall issue
a placard, to be posted in a conspicuous place on the property in
question. Attesting to the fact that the use or alterations is in
conformance with the provisions of this chapter;
M.
Prior to the issuance of a zoning permit for any use in a floodplain
the Zoning Officer shall require the applicant to indicate compliance
with all applicable state and federal laws;
N.
Inspection. It shall be the duty of the Zoning Officer or a fully
appointed representative, to make the following minimum number of
inspections on property for which a permit has been issued:
(1)
At the beginning of construction. A record shall be made indicating
the time and date of the inspection and finding of the Zoning Officer
regarding the conformance of construction with plans approved with
the application of the building. If the actual construction does not
conform to the application, the Zoning Officer may issue a written
notice of violation and such violation shall be discontinued. Upon
proper correction of the violation and receipt of written notice from
the Zoning Officer, construction shall proceed;
(2)
If the Zoning Officer finds that work does not comply with the
applicable standards, or that there has been a misrepresentation by
any applicant, the Zoning Officer shall revoke the zoning permit;
(3)
If the Zoning Officer finds reasonable grounds to believe that
there has been a violation of any provisions of this chapter, he shall
give notice of such alleged violation. Such notice shall a) be in
writing; b) include a statement of the reasons for its issuance; c)
allow a reasonable time not to exceed a period of 30 days for the
performance of any act it requires; d) be served upon the property
owner or his agent in accordance with law; and e) contain an outline
of remedial action which, if taken, will effect compliance with the
provisions of this chapter; and
(4)
At the completion of construction. A record shall be made indicating
the time and date of the inspection; the findings of the Zoning Officer
regarding conformance of this chapter; and the opinion of the Zoning
Officer regarding the issuance of a zoning occupancy certificate.
A.
Council shall, by ordinance, adopt a Fee Schedule and a collection
procedure for zoning approvals, planned residential development, planned
nonresidential development, conditional uses, and uses by special
exception, variances, zoning amendments and other matters pertaining
to this chapter. The Fee Schedule shall be duly recorded in the ordinance
of the Municipality and posted in the office of the Zoning Officer.
The Fee Schedule may be revised or amended only by ordinance by Council;
B.
No application for any zoning approval, planned residential development,
conditional use, uses by special exception, variance, zoning amendment
or other matter shall be considered unless or until such costs, charges,
fees or expenses have been paid in full, nor shall any action be taken
on proceedings unless or until the preliminary charges or fees have
been paid in full.
Performance bond: Refer to SALDO Ord. 2525.[1]
Amendments of this chapter may be initiated by Council, by the
Planning Commission, or by a petition of a landowner within the Municipality
in accordance with the following provisions:
A.
Petitions for amendment by landowners, other than curative amendments
under § 139-161, shall be filed in writing with the Zoning
Officer, and the petitioner, upon such filing, shall pay a filing
fee and/or review deposit in accordance with the schedule fixed by
ordinance of Council;
B.
Any proposed amendment other than one proposed by the Planning Commission
shall be referred to the Planning Commission for review at least 30
days prior to the next regularly scheduled Planning Commission meeting.
The Planning Commission shall review the proposed amendment and report
its findings and recommendations, in writing, to the Council and to
the petitioner;
C.
Following the Planning Commission's review, a public hearing
will be scheduled before Council, on the proposed amendment and a
copy of the same submitted to the Allegheny County Department of Economic
Development or its successor agency at least 30 days prior to the
public hearing in accordance with the requirements of the MPC;
D.
If the proposed amendment involves a Zoning Map change, notice of
the public hearing shall be conspicuously posted by the Municipality
at points deemed sufficient by it along the tract to notify potentially
interested citizens. The affected tract shall be posted at least one
week prior to the date of the hearing;
E.
Notice of any proposed Zoning Map change shall also be mailed by
the Municipality at least 30 days prior to the public 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 Council. 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. This subsection shall not apply to a comprehensive
rezoning;
F.
If, after any public hearing held upon an amendment, the proposed
amendment is substantially revised or further revised to include land
previously not affected by it, then the Council shall hold another
public hearing pursuant to public notice before proceeding to vote
on the amendment;
G.
The Council shall act on a proposed amendment to this chapter within
90 days of the date of the meeting at which the public hearing on
the amendment is closed. If the Council fails to so act within the
said ninety-day period, then the proposed amendment shall be deemed
denied;
H.
Within 30 days after enactment, a certified copy of the amendment
to this chapter shall be forwarded to the Allegheny County Department
of Economic Development or its successor agency; and
I.
The proposed amendment shall also be published, advertised and made
available to the public in accordance with the requirements of the
MPC.
Any landowner who wishes 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
the landowner has an interest, may prepare and submit a curative amendment
to the Council, in the form the landowner proposes it to be adopted,
together with a written request that his/her challenge and proposed
amendment be heard and decided in accordance with the requirements
of the MPC. Council shall hold a public hearing, pursuant to public
notice, on the matter within 60 days of receiving an administratively
complete curative amendment request. Public notice of the public hearing
shall be given by the Municipality in accordance with the requirements
of the MPC. Public hearings shall be conducted and held in accordance
with the applicable provisions of the MPC. Council shall comply with
all applicable requirements of the MPC regarding the conduct of hearings
and decisions related thereto.
A.
Referral to Planning Commission. The curative amendment and challenge
shall be referred to the Planning Commission and the Allegheny County
Department of Economic Development or its successor agency at least
30 days prior to the public hearing for review and comment;
B.
Declaration of invalidity by the court. If the Municipality does
not accept a landowner's curative amendment brought in accordance
with this section and a court subsequently rules that the challenge
has merit, the court's decision shall not result in a declaration
of invalidity for this entire chapter, but only for those provisions
which specifically relate to the landowner's curative amendment
and challenge;
C.
Evaluation of merits of curative amendment. If Council determines
that a validity challenge has merit, then Council may accept a landowner's
curative amendment, with or without revision, or may adopt an alternative
amendment, which will cure the challenged defects. Council shall consider
the curative amendments, plans and explanatory material submitted
by the landowner and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities;
(2)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type available to and affordable
by classes of persons otherwise unlawfully excluded by the challenged
provisions of this chapter or the Zoning Map;
(3)
The suitability of the lot's soils, slopes, woodlands,
wetlands, floodplains, aquifers, natural resources and natural features
for the intensity of the proposed uses;
(4)
The impact of the proposed use on the lot's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts;
and
(5)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health, safety and
welfare.
