In applying and interpreting the provisions of this chapter, they shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience, and general welfare. The following specific regulations shall apply:
A. 
Where a lot is formed from part of a lot already improved, the separation must be made in such a manner as not to impair any of the provisions of this chapter, whether related to the then existing improvements or to a proposed or future new improvement on the lot so formed, and in such a manner that both the remainder of the formed lot and the new lot so formed shall comply with the lot area and width provisions of this chapter.
B. 
A minimum required lot or yard size for one building or structure shall not be used as any part of a required lot or yard for a second structure.
C. 
The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter.
D. 
The parking spaces required for one building or structure or use shall not be included in the computation of required parking spaces for a second building or structure or use.
A. 
Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with any provisions of law or ordinance or regulations, existing or as may be adopted in the future. Nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties. Where this chapter imposes a greater restriction upon the use of buildings, structures, premises, lot or land, or upon the height of buildings or structures, or requires larger lots, yards, courts or other open spaces then imposed or required by such other provisions of law, ordinance, or regulation, or by such easements, covenants or agreements, the provisions of this chapter shall control.
B. 
Wherever the provisions of any other law or ordinance or regulations impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulations shall control.
C. 
No provisions contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on the Official Township Map.
A. 
Duties. It shall be the duty of the Zoning Officer, who may hold other office in the Township, to administer and enforce the provisions of this chapter in accordance with its literal terms. He shall not have the power to permit any construction or any use or change of use which does not conform to the intent of this chapter. Should the said Zoning Officer be in doubt as to the meaning or intent of any provision of this chapter, or as to the location of any district boundary line on the Zoning Map,[1] or as to the propriety of issuing a building or zoning permit in a particular case related to the provisions of this chapter, he shall appeal the matter to the Board for interpretation and decision. The Zoning Officer shall adopt rules of procedure, consistent with this chapter, for the purpose of assuring efficient and uniform administration of its provisions.
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
B. 
Inspection of premises. The Zoning Officer and his deputies and assistants, after notification to owner and occupant and at a time agreeable to all parties involved, shall have the right and authority to enter any building, structure, premises, lot or land, whether already erected or put into use, or in the course of erecting and putting into use, for the purpose of determining whether or not the provisions of this chapter are being complied with.
A. 
Applications. All procedure with respect to applications for any issuance of building permits shall be in conformity with the provisions of the Uniform Construction Code (see Chapter 225, Construction Codes, Uniform, Article I, of this Code). All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of said Chapter 225.
B. 
Plot plans. A plot plan shall show a separate lot for each dwelling.
C. 
Building permits. No building permit shall be issued for the erection, construction, reconstruction, enlargement, structural alteration, raising, or relocation of a building or structure, or part thereof, unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter.
(1) 
Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation for basement, footings, piers, or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas and water pipes, or electrical or other service lines from the street.
D. 
Completion of buildings for which permits have been issued. Nothing in this chapter shall require any change in the plans, construction or designated use of a building or structure for which a lawful building permit has been issued prior to the effective date of this chapter or any amendment thereto affecting such building or structure or the use thereof, provided that:
(1) 
The construction of such building or structure shall have been begun and diligently prosecuted within three months from the date of such permit.
(2) 
The ground story framework, including the second tier of beams, shall have been completed within six months from the date of such permit.
(3) 
The entire building or structure shall be completed according to such filed and approved plans upon which the issuance of such permit was based, within one year from the effective date of this chapter or any such amendment thereto.
(4) 
In the event § 500-96D(1), (2) or (3) are not complied with, such building permit shall be revoked by the Zoning Officer.
A. 
Change of use. It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land or part thereof, hereafter erected or altered, enlarged or moved, in whole or in part, after the effective date of this chapter, or any building, structure, lot or land, or part thereof of which the use is changed, until a zoning permit has been obtained by the record owner.
B. 
Code conformity. A building and zoning permit shall be issued for any building, structure, lot or land if the erection, construction, reconstruction, enlargement, structural alteration, raising, or relocation of a building or structure, or part thereof, and the intended use thereof are in conformity in all respects with the provisions of this chapter.
C. 
Special exception. The Zoning Officer shall obtain a written order from the Board before issuing a building and zoning permit in a case involving a special exception use pursuant to § 500-91 or a variance from the provisions of this chapter pursuant to § 500-92.
A. 
Fees for building and zoning permit applications and for appeals shall be as provided by Township resolution.
B. 
Expiration of permits.
(1) 
Work on any proposed project for which a permit is required shall begin within six months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the permit officer.
(2) 
To the extent the structure or building for which the permit was issued has not been fully completed within one year from the date of the issuance of the permit, the permit shall expire at such time, and the applicant shall be required to apply for an additional permit and/or renewal of the permit as is appropriate pursuant to the provisions of this chapter.
(3) 
All permits on Zoning Hearing Board decisions must be issued within two years after the decision is signed with a one year extension allowed for completion of the project or the decision terminates.
A. 
Enforcement notice.
(1) 
If it appears to the Township that a violation of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice 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.
(2) 
An enforcement notice shall state at least the following:
(a) 
The name of the owner of record and any other person against whom the Township 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 Board within a prescribed period of time in accordance with procedures set forth in this chapter.
(f) 
That failure to comply with the notice within the time specified, unless extended by appeal to the Board, constitutes a violation, with possible sanctions clearly described.
B. 
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 (enacted under the MPC[1] or prior enabling laws), the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township 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 Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors of the Township. No such action may be maintained until such notice has been given.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
Enforcement remedies.
(1) 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter (enacted under the MPC or prior enabling laws) shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Board of Supervisors, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by the Board of Supervisors 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 Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Board of Supervisors 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 Magisterial District Judge 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 Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Township of Weisenberg.
(2) 
The Court of Common Pleas of Lehigh County, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
(3) 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Board of Supervisors the right to commence any action for enforcement pursuant to this section.
Duly certified copies of this chapter and of the Zoning Map[1] which forms a part hereof, together with copies of all amendments hereto, shall be filed in the Township Secretary's office and shall be open to public inspection.
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
A. 
Power to amend. The regulations, restrictions and boundaries set forth in this chapter may from time to time be amended, supplemented, changed or repealed through amendment by the Township Supervisors.
B. 
Enactment of Zoning Ordinance amendments.
(1) 
Before voting on the enactment of amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Board of Supervisors at points deemed sufficient by the Board of Supervisors along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
(2) 
In the case of an amendment other than that prepared by the Planning Commission, the Board of Supervisors shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.
(3) 
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially or is revised to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
(4) 
Before adoption of an amendment to this chapter, the Board of Supervisors shall publish, advertise, and make available copies of the proposed amendment pursuant to the requirements of Section 610 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10610.
C. 
Landowner curative amendments. A landowner who desires to challenge on substantive grounds the validity of this chapter or the Zoning Map or any provisions thereof which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Board of Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in Section 916.1 of the MPC.[2] The Board of Supervisors shall commence a hearing thereon within 60 days of the request as provided in Section 916.1 of the MPC. The curative amendment and challenge shall be referred to the Planning Commission as provided in Section 609 of the MPC[3] and notice of the hearing thereon shall be given as provided in Section 610[4] and Section 916.1 of the MPC.
[2]
Editor's Note: See 53 P.S. § 10916.1.
[3]
Editor's Note: See 53 P.S. § 10609.
[4]
Editor's Note: See 53 P.S. § 10610.
D. 
Curative fees. For a curative amendment request, the applicant shall pay the Township all fees required under the applicable Township fee schedule which may be amended by resolution.
E. 
Municipal curative amendments. If the Board of Supervisors determines that this chapter or any portion hereof is substantially invalid, it shall take the actions as set forth more fully in Section 609.2 of the MPC.[5]
[5]
Editor's Note: See 53 P.S. § 10609.2.
A. 
This chapter shall not apply to any highway safety shelter which shall be approved by the respective agencies as required by Chapter 216, Bus Shelters, or to any existing or proposed building or extension thereof used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
B. 
This chapter shall not apply to any existing or proposed building, or extension thereof, or any tract or parcel of land presently or prospectively owned or leased by the Township.
If any article, section, subsection, paragraph, clause, phrase or provision of this chapter or the location of any district boundary shown on the Zoning Map[1] that forms a part hereof shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this chapter or the Zoning Map as a whole or any part or provisions hereof other than the part so adjudged to be invalid or unconstitutional.
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
All ordinances or parts thereof that are inconsistent with the above are herein repealed to the extent of the inconsistency.