The provisions of this chapter shall be administered
and enforced by the Zoning Officer, who shall be appointed by the
Township Supervisors and hold no elective office in the municipality.
Said Officer shall be able to demonstrate to the satisfaction of the
Supervisors a working knowledge of municipal zoning and shall meet
such other qualifications as the Supervisors may, from time to time,
deem necessary for the effective implementation of this chapter. The
Zoning Officer may be compensated for his work and shall have the
following duties:
A.
To receive and process applications for permits, certificates,
variances, conditional uses, appeals and other applications required
under the terms of this chapter;
B.
To prescribe the form of all applications, permits
and certificates required under the terms of this chapter;
C.
To issue or deny applications for zoning permits in accordance with the procedure set forth in § 250-83 of this chapter. In cases involving a request for a conditional use or a variance, zoning permits shall be issued only upon written order of the appropriate approving agency. It shall be the responsibility of the Zoning Officer to process requests for such hearings before the Township Supervisors and Zoning Hearing Board, as applicable;
D.
To issue or deny requests for certificates of compliance in accordance with the procedure set forth in § 250-84 of this chapter;
E.
To examine land, buildings and structures to determine
their consistency with the Zoning Ordinance at the time of application
filing, during the work and upon completion of the work;
F.
To issue written enforcement notices as specified
in § 250-85A of this chapter where it appears that there
has been a violation, and to institute civil enforcement proceedings
with the appropriate District Justice on behalf of the Township as
a means of enforcing the zoning regulations;
G.
To maintain and update the official Zoning Map as
amendments are made by the Township Supervisors;
H.
To maintain a log of all applications, permits or
certificates issued, variances granted, inspections made, reports
rendered and notices or orders issued;
I.
To post notice of pending Zoning Hearing Board hearings in accordance with the procedures established in § 250-78E(2) and to post notice of proposed zoning district boundary changes as per the requirements of § 250-79A;
J.
To present facts, records and other information to
the Township Supervisors and/or Planning Commission, upon request
of such bodies, as will assist them in their deliberations of specific
applications;
K.
To present to the Zoning Hearing Board in each case
before the Board all relevant facts and arguments to support the Township's
position, interpretation and procedures in application of the provisions
of this chapter;
M.
To perform such other duties as may be provided or
made necessary by the terms of this chapter.
All persons desiring to undertake any new construction, structural alteration or change in the use of a building, structure or land shall apply to the Zoning Officer for a zoning permit by completing the appropriate application form and by submitting the required fee. The Zoning Officer shall then either issue or deny the zoning permit or refer the application to the Zoning Hearing Board or Township Supervisors for consideration, as applicable. After the applicant has received his zoning permit, he shall contact the Township Building Code Official and make application for a building permit. Following completion of his project, the applicant shall apply to the Zoning Officer for a certificate of compliance. If the Zoning Officer finds that the project has been completed in accordance with the terms of the zoning permit, he shall issue a certificate of compliance, after which the Building Code Official shall inspect the premises and issue or deny an occupancy permit allowing the premises to be occupied or used. (The specifics of each step of the zoning procedure are presented in §§ 250-83 and 250-84 below and in chart form in Appendix F of this chapter.[1]) Nothing in this chapter shall exempt the applicant from
obtaining any permits which may be required by other regulations or
codes in effect in Mahoning Township.
[1]
Editor's Note: Appendix F is included at the end of this chapter.
A.
Requirements for zoning permits.
(1)
A zoning permit shall be required: prior to the placement, erection, construction, addition or alteration of any building, structure or land; prior to the use or change in use of a building, structure or land; prior to the erection or alteration of signs except as specified in Article VII; prior to the change or extension of a nonconforming use; prior to the demolition or razing of any building or structure; and prior to development in any floodplain district, except as listed below. It shall be unlawful for any person to commence work for: the erection or alteration of any building or structure; the change from one use to another use in an existing building (regardless if structural alterations are proposed or necessary to accommodate the change); or for a change in the use of land, until a zoning permit has been duly issued therefor. (In some instances, additional permits may also need to be obtained prior to beginning construction of alterations.)
(2)
Exemptions. Zoning permits shall not be required for
the following activities unless they are proposed within a floodplain
district:
(a)
Interior alterations when there is no increase
in ground floor exterior dimension and no change in use;
(b)
General maintenance and repair to existing buildings
or structures, including siding, roofing, painting, the addition of
storm windows and similar activities;
(c)
Land cultivation, including crop or tree farming;
(d)
Landscaping or clearing woodlands;
(e)
Construction or erection of pasture fencing,
land terraces, steps or other similar features; and
(f)
Placement or location of transmission, distribution
and/or collection lines for utilities.
B.
Application for zoning permits.
(1)
Each request for a zoning permit shall be made by
completing the appropriate application form obtained from the Zoning
Officer and submitting it along with the required fee to the Township.
Application for a permit shall be made by the owner or lessee of any
building or structure, or the agent of either; provided, however,
that if the application is made by a person other than the owner,
it shall be accompanied by a written authorization from the owner.
The full names and addresses of the owner, lessee, applicant or other
responsible parties shall be stated in the application.
(2)
The Zoning Officer shall have 10 days after receipt
of an application to issue or deny requests for a zoning permit. Any
denial shall be in writing and shall state the reason(s) for such
action.
C.
Description of work and plan requirements.
(1)
All applications for zoning permits shall be accompanied
by a sketch or plans, drawn to scale, which show the actual shape
and dimensions of the lot, the exact size and location of any buildings
existing on the lot, the lines within which the proposed building
or structure shall be erected or altered, the existing and intended
use of each building or part of a building, the number of families
or dwelling units the building is designed to accommodate and such
other information as may be necessary to determine compliance with
this chapter and all other pertinent regulations. No application shall
be considered complete until all necessary documents have been filed
and all fees have been paid to the Township.
(2)
All applications and accompanying plans and documents
shall become a matter of public record once a permit has been either
issued or denied.
D.
Proof of compliance. It shall be the responsibility
of the applicant in all cases to furnish adequate documentation and
to certify that the proposed use will comply with all requirements
of this chapter, and all other applicable federal, state or local
regulations. Such documentation may include copies of sewage permits,
highway occupancy permits, Departments of Labor and Industry or Public
Welfare approvals, or other regulatory agency reviews, where such
permits, approvals or reviews are appropriate.
E.
Changes. After the issuance of a zoning permit, no
changes of any kind shall be made to the application, permit or any
of the plans, specifications or other documents submitted with the
application without the written approval of the Zoning Officer. Requests
for any such change shall be made in writing and shall be submitted
to the Zoning Officer for consideration.
F.
Display of permit placard. In addition to a zoning
permit, the Zoning Officer shall issue a permit placard which shall
be displayed or posted on the premises during the time that construction
is in progress. The permit placard shall remain posted until completion
of the project and final inspection has been made by the Zoning Officer.
Said placard shall bear the number of the zoning permit, the date
of its issuance and the signature of the Zoning Officer.
G.
Time limitations for permit.
(1)
Work on the proposed construction shall be completed
within 12 months after the date of issuance of the zoning permit or
the permit shall expire, unless a time extension is granted in writing
by the Zoning Officer. Time extensions may be granted only if a written
request is submitted by the applicant which sets forth sufficient
and reasonable cause for the Zoning Officer to grant such a request
and shall not exceed more than two additional six-month periods of
time. Any extension beyond the additional one-year period will require
the application for and issuance of a new zoning permit, including
the payment of all applicable permit fees.
(2)
For the purposes of this chapter, construction and/or
development shall be considered to have started with the preparation
of land, including land clearing, grading, filling, excavation for
basement, footers, piers or foundations, erection of temporary forms,
the installation of pilings under proposed subsurface footers, or
the installation of sewer, gas and water pipes, or electrical or other
service lines from the street.
H.
Inspections.
(1)
During the construction period, the Zoning Officer
shall inspect the premises to determine that the work is progressing
in compliance with the information provided on the permit application
and with all other applicable Township laws. He shall make as many
inspections as necessary to determine compliance.
(2)
In the discharge of his duties, the Zoning Officer
shall have the authority to enter any building, structure, premises
or development located in any zoning district, upon presentation of
proper credentials, at any reasonable hour, to enforce the provisions
of this chapter.
I.
Revocation of permits. The Zoning Officer may revoke
a zoning permit at any time if it appears that the application or
accompanying plan is in any material respect false or misleading or
that work being done upon the premises differs materially from that
called for in the application. In such case, the person holding the
permit shall immediately surrender it to the Zoning Officer. A report
of such revocation shall be submitted to the Township Supervisors
for whatever action they may deem necessary.
J.
Temporary zoning permits.
(1)
A temporary zoning permit may be authorized by the
Zoning Officer for a nonpermanent structure or use where it is deemed
beneficial to the public health or general welfare or necessary to
promote the proper development of the community, provided that such
structure or use shall be completely removed upon expiration of the
permit without cost to the Township. Such permits may be issued for
a period of time not to exceed one-year and may be renewed annually
for an aggregate period of three years.
(2)
Temporary permits may also be issued by the Zoning
Officer for specific temporary events or outdoor activities, such
as carnivals, circuses or other religious, cultural or sporting events.
Such temporary permits shall be issued for a period of time determined
appropriate by the Zoning Officer but in no case for a period exceeding
six months.
A.
Requirements for certificates of compliance.
(1)
No land shall be occupied or used and no building
hereafter erected, altered or extended shall be used in whole or in
part or shall be changed in use until a certificate of compliance
has been issued by the Zoning Officer. Such requirement shall include
proposals to change one use to another use in an existing building
(regardless if structural alterations are proposed or necessary to
accommodate the change).
(2)
The issuance of a certificate of compliance is not
intended to guarantee or warranty, either stated or otherwise, the
soundness of any construction nor the habitability of any building
or structure. The purpose of this certificate is only to certify that
all work authorized by the zoning permit has been satisfactorily completed
and that the building or proposed use thereof complies with the provisions
of this chapter.
B.
Issuance and effect. The applicant shall notify the
Zoning Officer upon completion of the permitted activity, and the
certificate shall be issued within 10 days after the activity has
been inspected and approved as complying with the provisions of this
chapter and the issued zoning permit. Once granted, the certificate
shall continue in effect so long as there is no change of use, regardless
of change in ownership, tenants or occupants. If any part of the construction
is found in violation, then the applicant shall be notified in writing
within five days of the inspection of the deficiencies or reasons
for denial.
[Amended 10-16-2006]
A driveway or access drive permit shall be required
prior to the initiation of construction of a new driveway or access
drive and/or prior to the alteration of an existing driveway or access
drive (including a change of surface) for all drives created or existing
which intersect Township or private roads. The individual, owner or
agent creating the drive shall be responsible for supplying the Township
with sufficient information regarding the proposed intersection, its
sight distance and its impact on drainage patterns along the Township
or private road. Such permit shall be issued pursuant to the provisions
of the Mahoning Township Driveway and Access Drive Ordinance[1] and shall comply with the requirements of § 250-73 of this chapter.
Failure to secure a zoning permit when required
hereunder or failure to secure a certificate of compliance or failure
to carry out the provisions of this chapter shall be considered a
violation of this chapter.
A.
Enforcement notice.
(1)
Whenever it appears to the Zoning Officer that there
has been a violation of any provision of this chapter, the Zoning
Officer, on behalf of the Township, shall give written notice of such
alleged violation as hereinafter provided. Such enforcement notice
shall:
(a)
Be served upon the property owner or sent to
him by certified mail (return receipt requested), and be sent to any
person who has filed a written request to receive enforcement notices
regarding the parcel and to any other person requested in writing
by the owner of record;
(b)
Include the name of the owner of record and
any other person against whom the Township intends to take action;
(c)
Include the location of the property in violation;
(d)
Identify the specific violation(s) with a description
of the requirements which have not been met, citing in each instance
the applicable provision(s) of the chapter;
(e)
Contain an outline of remedial action which,
if taken, will effect compliance;
(f)
Specify the date before which the steps for
compliance must be commenced and the date before which the steps must
be completed;
(g)
Notify the recipient of his right to appeal
to the Township Zoning Hearing Board prior to the expiration of the
time period provided in the enforcement notice; and
(h)
Indicate that failure to comply with the notice
within the time specified, unless extended by appeal to the Zoning
Hearing Board, shall constitute a violation and will be prosecuted
or remedied as provided in this section.
(2)
In any appeal of an enforcement notice to the Zoning
Hearing Board, the Township shall have the responsibility of presenting
its evidence first.
B.
Causes of action.
(1)
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 Township
Zoning Officer may institute in the name of the Township any appropriate
action or proceeding to prevent, restrain, correct or abate such building,
structure, landscaping or land, or to prevent any action, conduct,
business or use in or about such premises constituting a violation.
(2)
Any aggrieved owner or tenant of real property who
shows that his property or person will be substantially affected by
the alleged violation may also institute an appropriate corrective
action or proceeding. Such action must be preceded, however, by serving
a copy of the complaint on the Township Supervisors at least 30 days
prior to being instituted. No such action may be maintained until
such notice has been given.
C.
Enforcement remedies. Any person, partnership or corporation
who or which has violated or permitted the violation of the provisions
of this chapter, whether enacted under current law or prior law, shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by Mahoning Township, pay a judgment of not more than $500
plus all court costs, including reasonable attorney fees incurred
by the Township as a result thereof. No judgment shall commence or
be imposed, levied or be payable until the date of the determination
of a violation by the district justice. If the defendant neither pays
nor timely appeals the judgment, Mahoning Township 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 determining that there has been a violation
further determines that there was a good faith basis for the person,
partnership or corporation violating the 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 Zoning Ordinance shall be
paid over to Mahoning Township.
A.
Fees for the issuance of zoning permits, certificates
of compliance, ordinance amendments, conditional uses, variances,
driveway or access drive permits, and other zoning actions shall be
paid to the Township upon filing of an application. Such fees shall
be in accordance with the schedule of fees established by separate
resolution of the Township Supervisors and as may be amended hereafter
by subsequent resolution.
B.
Further, any fees paid by a party for the appeal of
an enforcement notice to the Township Zoning Hearing Board shall be
returned to the appealing party by the Township if the Zoning Hearing
Board, or any court in a subsequent appeal, rules in favor of the
appealing party.
