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.
Performance bond: Refer to SALDO Ord. 2525.
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.
If Council determines that this chapter or a portion thereof
is substantively invalid, it may implement the procedure for municipal
curative amendments provided in Section 609.2 of the MPC.