Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See § 220-3A.
This chapter is hereby adopted:
A.
Applicability.
(1)
Any of the following activities or any other activity
regulated by this chapter shall only be carried out in conformity
with this chapter:
(2)
Zoning permit. A zoning permit indicates that a zoning
application complies with this chapter to the best knowledge of the
applicable Borough staff.
B.
Repairs and maintenance. Ordinary repairs and maintenance
to existing structures shall not by itself be regulated by this chapter.
C.
Types of uses.
(1)
Permitted by right uses. The Zoning Officer shall
issue a permit under this chapter in response to an application for
a use that is permitted by right if it meets all of the requirements
of this chapter.
(2)
Special exception use or application requiring a variance.
A permit under this chapter for a use requiring a special exception
or variance shall be issued by the Zoning Officer only in response
to a written decision of the Zoning Hearing Board following a hearing.
D.
Applications.
(1)
Submittal. All applications for a zoning permit or
a decision by the Zoning Hearing Board shall be made in writing on
a form provided by the Borough. Such completed application, with required
fees, shall be submitted to a designated Borough staff-person.
(2)
Site plan. The applicant shall submit a minimum of
two copies of a site plan with the application if the application
involves a new principal building, expansion of a principal building
or addition of three or more parking spaces. The site plan shall be
drawn to scale and show the following:
(3)
Additional information. Any application under this
chapter shall include the following information, unless the Zoning
Officer determines such information is unnecessary to determine compliance
with this chapter:
(a)
The address of the lot;
(b)
Name and address of the applicant, and of the
owner of the property if different from the applicant;
(c)
A description of the proposed use of the property;
(d)
All other applicable information listed on the
official Borough application form; and
(e)
Such additional information that the Zoning
Officer may determine is necessary to determine compliance with this
chapter.
(4)
Submittals to the Board. In addition to the information listed in Subsection D(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:
(a)
The present zoning district and major applicable
lot requirements.
(b)
For a nonresidential use:
[1]
A description of the proposed nonresidential
operations and storage in sufficient detail to indicate potential
nuisances and hazards regarding noise, large truck traffic, glare,
odors, dust, fire or toxic or explosive hazards or other significant
public health and safety hazards;
[2]
A list of the maximum hours of operation.
(c)
A listing of any sections of this chapter being
appealed, with the reasons for any appeal.
(d)
A listing of any special exceptions being requested
by the applicant, identifying the specific sections of this chapter
authorizing such special exception.
(e)
A listing of all variances from requirements
of this chapter requested by the applicant, including a reference
to the specific sections from which variances are requested.
E.
Issuance of permits.
(1)
At least one copy of each permit application and any
other zoning approval shall be retained in Borough files.
(2)
PennDOT permit. Where necessary for access onto a
state road, a Borough zoning or building permit shall be automatically
conditioned upon issuance of a PennDOT highway occupancy permit.
F.
Revocation of permits; appeal of permit or approval.
(1)
Revocation. The Zoning Officer shall revoke, withhold
or suspend a permit or approval issued under the provisions of this
chapter in case of one or more of the following:
(a)
Any false statement or misrepresentation of
fact in the application or on the plans on which the permit or approval
was based (Note: The Pennsylvania Criminal Code provides for penalties
for providing false information to a municipal employee in the carrying
out of his/her duties);
(b)
Upon violation of any condition lawfully imposed
by the Zoning Hearing Board upon a special exception use or variance;
(c)
Any work being accomplished or use of land or
structures in such a way that does not comply with this chapter or
an approved site plan or approved permit application; and/or
(d)
For any other just cause set forth in this chapter.
(2)
Appeals. A party with legitimate standing, or as otherwise
provided by state law, may appeal decisions under this chapter within
the provisions of the State Municipalities Planning Code. Any such
appeal shall occur within the time period established in the State
Municipalities Planning Code. (As of the adoption date of this chapter,
such provisions were in Sections 914.1 and 1002.A.)
G.
Zoning permit for temporary uses and structures.
(1)
A zoning permit for a temporary use or structure may
be issued by the Zoning Officer for any of the following:
(a)
Customary, routine and accessory short-term
special events, provided that only a temporary use that primarily
serves a charitable, public service or religious purpose shall be
eligible to receive approval for commercial-type activities in a district
where a commercial use would not otherwise be permitted;
(b)
Temporary storage and office trailers that are
necessary to serve on-site construction, while such construction is
actively underway;
(c)
Such other activities that the applicant proves
are routine, customary and temporary.
(2)
Time period. The Zoning Officer shall state a reasonable
maximum time period on the temporary permit. If no time limit is stated,
then a six-month maximum period shall apply. A temporary permit may
be renewed for just cause.
H.
Compliance with Chapter 190, Subdivision and Land Development. If an application under this chapter would also be regulated by the Borough Subdivision and Land Development Ordinance ("SALDO"), then any permit or approval under this chapter shall automatically be conditioned upon compliance with the SALDO. See the definitions of "land development" and "subdivision" in the SALDO.
(1)
For example, if an applicant applies for a single-family
detached dwelling on a proposed new lot, the construction permit for
such dwelling shall not be valid until after the lot is granted final
subdivision approval and the lot is officially recorded by the County
Recorder of Deeds.
A.
After receiving a proper application, the Zoning Officer
shall either issue the applicable permit(s), or deny the application(s)
as submitted indicating one or more reasons.
B.
After the permit under this chapter has been issued,
the applicant may undertake the action specified by the permit, in
compliance with other Borough ordinances. However, it is recommended
that applicants wait 30 days to begin construction if there is a possibility
of an appeal by another party to have the permit revoked. Any commencement
of construction or a use within this thirty-day appeal period shall
be at the risk of the applicant.
A.
Minimum requirements. Where more than one provision
of this chapter controls a particular matter, the provision that is
more restrictive upon uses and structures shall apply. The provisions
of this chapter are in addition to any other applicable Borough ordinance.
B.
Uses not specifically regulated. If a use clearly
is not permitted by right, or as a special exception use by this chapter
within any zoning district, the use is prohibited, except that the
Zoning Hearing Board may permit such use as a special exception use
if the applicant specifically proves to the clear satisfaction of
the Zoning Hearing Board that all of the following conditions would
be met:
(1)
The proposed use would be less intensive in external
impacts and nuisances than uses that are permitted in the district;
(2)
The proposed use would be closely similar in impacts and character to uses permitted in that district, considering the standards in § 220-61F;
(3)
The use would meet the standards that would apply
under 220-16C to a special exception use; and
(4)
The use is not specifically prohibited in that district.
C.
Interpretation of chapter text and boundaries.
(1)
The Zoning Officer shall literally apply the wording
of this chapter and the location of all district boundaries to particular
applications. In any case, the Zoning Officer may also request an
advisory opinion from the Borough Solicitor or the Zoning Hearing
Board Solicitor to aid in the Zoning Officer's determination.
All of the enforcement, violations and penalty
provisions of the State Municipalities Planning Code, as amended,
are hereby incorporated into this chapter by reference. (Note: As
of the adoption date of this chapter, these provisions were primarily
in Sections 616.1, 617 and 617.2 of such Act.)
A.
Violations. Any person who shall commit or who shall
permit any of the following actions violates this chapter:
(1)
Failure to secure a zoning permit prior to a change
in use of land or structure, or the erection, construction or alteration
of any structure or portion thereof, or the excavation of land to
prepare for the erection, construction or alteration of any structure
or portion thereof.
(2)
Placement of false statements on or omitting relevant
information from an application for a zoning permit.
(3)
Undertaking any action in a manner which does not
comply with a zoning permit.
(4)
Violation of any condition imposed by a decision of
the Zoning Hearing Board in granting a variance or special exception
or other approval.
(5)
Violation of any condition imposed by a decision of
the Borough Council in granting a conditional use.
(6)
Failure to secure a demolition permit prior to demolition
of a building.
B.
Enforcement notice. If the Borough has reason to believe
that a violation of a provision of this chapter has occurred, the
Borough shall initiate enforcement proceedings by sending an enforcement
notice as provided in Section 616.1 of the State Municipalities Planning
Code. Prior to sending an official enforcement notice, the Zoning
Officer may at his/her option informally request compliance.
C.
Time limits. An official enforcement notice shall
state the deadline to complete bringing the property into compliance
with this chapter, and shall state that the applicant has 30 days
from the receipt of the notice to appeal to the Zoning Hearing Board.
D.
Causes of action; enforcement remedies. The causes
of action and enforcement remedies provisions of the State Municipalities
Planning Code, as amended, are hereby incorporated by reference. (Note:
As of the adoption date of this chapter, such provisions were in Section
617 of such law.)
(1)
Enforcement action. If the enforcement notice is not
complied with promptly, the Zoning Officer shall notify Borough Council.
Borough Council may request the Borough Solicitor to institute in
the name of the Borough any appropriate action or proceeding at law
or in equity to prevent, restrain, correct or abate such violation
or to require the removal or termination of the unlawful use of the
structure, building, sign, landscaping or land in violation of the
provisions of this chapter or the order or direction made pursuant
thereto. The Zoning Officer or Assistant Zoning Officer shall have
the authority to initiate a civil enforcement proceeding before a
District Justice, within the procedures established by Sections 616.1,
617, 617.1 and 617.2 of the Pennsylvania Municipalities Planning Code,
as amended, which are hereby incorporated by reference.
(2)
Violations and penalties. Any person who 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 Borough, pay a judgment of not more than $500, plus
all court costs, including the reasonable attorney's fees incurred
by the Borough 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, the Borough may enforce the judgment
pursuant to the applicable rules of civil procedure.
(a)
Each day that a violation continues shall constitute
a separate violation, unless a District Justice determining that there
has been a violation further determines that there was a good faith
basis for the person 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.
(b)
All judgments, costs and reasonable attorney's
fees collected for the violation of this chapter shall be paid over
to the Borough for the general use of the Borough.
(c)
Imprisonment shall not be authorized under this
chapter for failure to pay fines.
(3)
Remedies. In case any building, structure, sign or
landscaping is erected, constructed, reconstructed, altered, repaired,
converted or maintained; or any building, structure, sign or land
is used; or any hedge, shrub, tree or other growth is maintained in
violation of this chapter or of any of the regulations made pursuant
thereto or any of the permits or certificates of use and occupancy
issued under this chapter or any conditions imposed upon the grant
of a special exception or variance by the Zoning Hearing Board or
upon the grant of a conditional use, then, in addition to any other
remedies provided by law, any appropriate action or proceeding may
be instituted or taken to prevent or restrain such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use or to prevent any illegal act, conduct, business or use in
and about such premises.
E.
Enforcement evidence. In any appeal of an enforcement
notice to the Zoning Hearing Board, the Borough shall have the responsibility
of presenting its evidence first.
A Borough fee schedule for permits and applications
may be established and amended by written resolution of Borough Council.
No application or appeal shall be considered filed until all fees
are paid.
Within the requirements of the State Municipalities
Planning Code, Borough Council may amend or repeal any or all portions
of this chapter on its own motion, or after agreeing to hear a written
request of any person, entity, landowner or the Planning Commission.
A landowner or Borough Council may utilize the
curative amendment provisions of the State Municipalities Planning
Code. (Note: As of the adoption date of this chapter, these such provisions
were in Sections 609.1, 609.2 and 916.1 of such Act.)
A.
Appointment. The Zoning Officer shall be appointed
by Borough Council. The Zoning Officer shall not hold any elective
office within the Borough, but may hold other appointed offices. One
or more Assistant Zoning Officers may serve in the same manner and
have the same authority as the Zoning Officer, under the general direction
of the Zoning Officer.
B.
Duties and powers. The Zoning Officer's duties and
powers shall include the following:
(1)
Administer this chapter in accordance with its literal
terms, including to receive and examine all applications required
under the terms of this chapter, and issue or refuse permits within
the provisions of this chapter;
(2)
Conduct inspections to determine compliance, and receive
complaints of violation of this chapter;
(3)
Keep records of applications, permits, certificates,
written decisions, and variances granted by the Board, and of enforcement
orders, with all such records being the property of the Borough and
being available for public inspection;
(4)
Review proposed subdivisions and land developments
for compliance with this chapter; and
(5)
Take enforcement actions as provided by the State
Municipalities Planning Code, as amended.
A.
Membership of Board.
(1)
The Zoning Hearing Board shall consist of five residents
of the Borough appointed by Borough Council. The existing terms of
office shall continue, with terms of office being five years, and
with the terms being so fixed that the term of office of one member
shall expire each year. Members of the Board shall hold no other office
in the Borough.
(2)
Alternate members. Borough Council may appoint alternate
members of the Zoning Hearing Board within the applicable provisions
of the State Municipalities Planning Code. [Note: As of the adoption
date of this chapter, such provisions were in Section 903(b) of such
Act.]
B.
Vacancies. Appointments to fill vacancies shall be
only for the unexpired portion of a term.
C.
Organization. The applicable provisions of the State
Municipalities Planning Code, as amended, shall apply. [As of the
adoption date of this chapter, these provisions were in Sections 906(a),
(b) and (c) of such Act.]
D.
Zoning Hearing Board jurisdiction and functions. The
Zoning Hearing Board shall be responsible for the following:
(1)
Appeal of a decision by the Zoning Officer.
(2)
Challenge to the validity of the chapter or map. The
applicable provisions of the State Municipalities Planning Code, as
amended, shall apply. (Note: As of the adoption date of this chapter,
these provisions were primarily in Sections 909.1 and 916[1] of such Act.)
[1]
Editor's Note: See now Section 915.1 of the
Municipalities Planning Code (53 P.S. § 10915.1).
(3)
Variance.
(a)
The Board shall hear requests for variances
filed with the Borough staff in writing.
(b)
Standards. The Board may grant a variance only
within the limitations of state law. Note: As of the adoption date
of this chapter, Section 910.2 of the State Municipalities Planning
Code provided that all of the following findings must be made, where
relevant:
[1]
There are unique physical circumstances or conditions
(including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical or other physical conditions peculiar
to the particular property) and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or district
in which the property is located;
[2]
Because of such physical circumstances or conditions,
there is no possibility that the property can be developed in strict
conformity with the provisions of this chapter and a variance is therefore
necessary to enable the reasonable use of the property;
[3]
Such unnecessary hardship has not been created
by the appellant;
[4]
The variance, if authorized, will not alter
the essential character of the neighborhood or district in which the
property is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare; and
[5]
The variance, if authorized, will represent
the minimum variance that will afford relief and will represent the
least modification possible of the regulation in issue.
(c)
In granting any variance, the Board may attach
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of this chapter.
(d)
The Borough Planning Commission should be provided
with an opportunity to provide a review of a variance request.
(4)
Special exception.
(a)
The Board shall hear and decide requests for all special exceptions filed with the Borough staff in writing. The Board shall only permit a special exception that is authorized by this chapter. See § 220-16.
(b)
Conditions. In granting a special exception,
the Zoning Hearing Board may attach such reasonable conditions and
safeguards, in addition to those expressed in the chapter, as it may
deem necessary to implement the purposes and intent of this chapter.
(c)
The Borough Planning Commission should be provided
with an opportunity to review a special exception application.
(5)
Persons with disabilities. After the Zoning Officer
receives a complete written application, the Zoning Hearing Board
shall grant a special exception allowing modifications to specific
requirements of this chapter that the applicant proves to the satisfaction
of the Zoning Hearing Board are necessary to provide a "reasonable
accommodation" under the Americans With Disabilities Act and/or the
Federal Fair Housing Act and/or applicable state law, as amended,
to serve persons who the applicant proves have "disabilities" as defined
in and protected by such laws.
(6)
The Zoning Hearing Board shall also hear any other
matters as set forth in the State Municipalities Planning Code, as
amended. (Note: As of the adoption date of this chapter, such provisions
were primarily within Section 909.1 of such law.)
E.
Time limits for appeals. The applicable provisions
of the State Municipalities Planning Code, as amended, shall apply.
(Note: As of the adoption date of this chapter, these provisions were
in Section 914.1 of such Act.)
F.
Stay of proceedings. The stay of proceedings provisions
of the State Municipalities Planning Code, as amended, shall apply.
(Note: As of the adoption date of this chapter, such provisions were
in Section 915.1 of such Act.)
G.
Time limits on permits and approvals.
(1)
After a variance is approved or other zoning approval
is officially authorized, then any applicable zoning and building
permits shall be secured by the applicant within 12 months after the
date of such approval or authorization. The work authorized by such
permits shall then be completed within 12 months after the issuance
of the permits.
(2)
Extension. In response to an applicant stating good cause in writing, the Zoning Officer may extend in writing the time limit for completion of work to a maximum total of 36 months after permits are issued. The Zoning Hearing Board may also establish in writing a time period longer than is provided in Subsection G(1) as part of an approval.
(3)
If an applicant fails to obtain the necessary permits
or begin construction within the above time periods, or allows interruptions
in substantial construction of longer than 12 months, the Zoning Officer
may conclusively presume that the applicant has waived, withdrawn
or abandoned approvals and permits under this chapter and may consider
all such approvals and permits to have become null and void.
The following requirements shall apply to procedures,
hearings and decisions of the Zoning Hearing Board:
A.
Notice of hearings. Notice of all hearings of the
Board shall be given as follows:
(1)
Ad. Public notice shall be published, as defined by
Section 107 of the State Municipalities Planning Code. The notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered.
(2)
Posting. Notice of such hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing. It is the responsibility of the applicant to make sure that
such notice is posted and remains posted until the hearing.
(3)
Persons given notice. The Borough shall provide written
notice to the applicant of the time and place of the hearing. The
Borough should also provide notice to the President of Borough Council.
Any such notices should be mailed or delivered to the last known address.
B.
Initiation of hearings. A hearing required under this
chapter shall be initiated within 60 days of the date of an applicant's
request for a hearing, unless the applicant has agreed in writing
to an extension of time.
C.
Decision/findings.
(1)
The Board shall render a written decision on each
application within 45 days after the last hearing on that application
before the Board, unless the applicant has agreed in writing to an
extension of time.
(2)
Where the application is contested or denied, the
decision shall be accompanied by findings of fact and conclusions
based thereon, together with the reasons for such conclusions.
(3)
References shall be provided to the most pertinent
section(s) of this chapter and/or the State Municipalities Planning
Code.
D.
Notice of decision. A copy of the final decision shall
be personally delivered or mailed to the applicant or his/her representative
or their last known address not later than the time limit established
by the State Municipalities Planning Code, as amended. Also, such
notice shall be given to any other person or group (including civic
or community organizations) who has made a written timely request
for such notice. [Note: As of the adoption date of this chapter, such
provisions were within Sections 908(9) and 908(10) of such Act, including
provisions regarding notice to other parties.]
E.
State law. See also Section 908 of the Pennsylvania
Municipalities Planning Code.
The provisions for appeals to court that are
stated in the State Municipalities Planning Code, as amended, shall
apply. (Note: As of the adoption date of this chapter, these provisions
were in Sections 1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A
of such Act.)
See the provisions of the State Municipalities
Planning Code, as amended. (Note: As of the adoption date of this
chapter, such provisions were within Section 619 of such Act.)
The minimum lot area, minimum lot width and
minimum street frontage requirements of this chapter shall not apply
to uses or structures owned by Columbia Borough or by a municipal
authority created solely by Columbia Borough for such uses and structures.
A.
Purpose. The special exception process is designed
to allow careful review of uses that have some potential of conflicts
with adjacent uses or areas.
B.
C.
Consideration of special exception applications. When
special exceptions are provided for in this chapter, the Board shall
hear and decide requests for such special exceptions in accordance
with stated standards and criteria. The Board may grant approval of
a special exception provided that the applicant complies with the
following standards for special exceptions and that the proposed special
exception shall not be detrimental to the health, safety or welfare
of the neighborhood. The burden of proof shall rest with the applicant.
(1)
Compliance with this chapter. The applicant shall
establish by credible evidence compliance with all conditions on the
special exception enumerated in the section which gives the applicant
the right to seek the special exception. The applicant shall provide
the Board with sufficient plans, studies or other data to demonstrate
compliance with all applicable regulations.
(2)
Compliance with other laws. The applicant shall establish
by credible evidence compliance with all applicable Borough, state
and federal ordinances, statutes and regulations. The applicant shall
provide the Board with sufficient plans, studies or other data to
demonstrate compliance with all applicable regulations.
(3)
Traffic and public services. The applicant shall establish
by credible evidence that the proposed special exception shall be
properly serviced by all existing public service systems. The peak
traffic generated by the subject of the application shall be accommodated
in a safe and efficient manner or improvements made in order to effect
the same. Similar responsibilities shall be assumed with respect to
other public service systems including but not limited to police protection,
fire protection, utilities, parks and recreation.
(4)
Site planning. The applicant shall establish by credible
evidence that the proposed special exception shall be in and of itself
properly designed with regard to internal circulation, parking, buffering
and all other elements of proper design as specified in this chapter
and any other governing law or regulation.
(5)
Neighborhood. The applicant shall establish by credible
evidence that the proposed special exception will not substantially
injure or detract from the use of neighboring property or from the
character of the neighborhood, and that the use of property adjacent
to the area included in the special exception application will be
adequately safeguarded.
(6)
Historic. The applicant shall establish that the proposed
special exception will not substantially damage the historic character
of a significant historic area.
D.
Conditions. In granting a special exception, the Board
may require such reasonable conditions and safeguards (in addition
to those expressed in this chapter) as it determines is necessary
to implement the purposes of this chapter. Conditions imposed by the
Zoning Hearing Board shall automatically become conditions of the
building permit issued pursuant thereto, and any failure to comply
with said conditions shall be a violation of this chapter.
A.
Any review of activity within the floodplain, site
plan review, subdivision or land development approval, erosion control
review, wetland delineation review, stormwater runoff review, review
of activity on steep slopes, or any other review, approval or permit
under this chapter by an officer, employee, board, commission, solicitor,
consultant or agency of the Borough shall not constitute a representation,
guarantee or warranty of any kind by the Borough, or its employees,
officials, boards, solicitor(s), consultants or agencies of the practicality
or safety of any structure, use or subdivision, and shall create no
liability upon nor a cause of action against such entity or person
for any damage that may result pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under
this chapter, the Borough shall not be liable for any later lawful
withdrawal of such permit.
