In all cases, any application for a permit of any of the types described in this chapter shall be decided not only on the basis of compliance with this Chapter
180, Zoning, but also on the basis of compliance with all other applicable Borough ordinances and all other applicable rules and regulations of the various Borough authorities and agencies that might be concerned, as well as state and federal requirements and permits.
[Amended 3-28-2023 by Ord. No. 479]
A. When required.
(1) No land use may be established or changed; no structure
or building may be erected, constructed, reconstructed, structurally
altered, razed or removed; and no building or structure may be used
or occupied or the use changed until a zoning permit has been obtained
from the Zoning Officer.
(2) In the instances where a building permit is required
and applied for, a zoning permit shall be a prerequisite to issuance
of the building permit.
(3) In
those instances where no building permit is required, an application
for a certificate of occupancy for a new or changed use of land or
structure shall be accompanied by a zoning permit.
(4) In the case of a conditional use or use by special
exception, the Zoning Officer shall refer the application to the Planning
Commission and Borough Council or to the Zoning Hearing Board, whichever
is applicable, for a decision granting approval of the conditional
use or use by special exception prerequisite to issuing a zoning permit.
Whenever the approval of a conditional use or use by special exception
includes conditions attached to the approval, said conditions shall
be incorporated into the zoning permit.
(5) In the case of a permitted use, the Zoning Officer shall not issue the zoning permit unless and until all applicable regulations of this chapter have been met and, in the case of a use for which land development plan approval is required by Chapter
163, Subdivision and Land Development, unless and until final approval of the land development plan has been granted by Borough Council. Whenever final approval of a land development plan is subject to conditions, those conditions shall be incorporated into the zoning permit.
B. Application for zoning permit.
(1) All applications for zoning permits shall be made,
in writing, by the owner or his authorized agent on a form furnished
by the Borough and shall include a statement of the intended use of
the building and a property survey both prepared in duplicate and
drawn to scale, and copies of all required county, state and/or federal
permits as approved by the appropriate agency, and shall include the
following information at a minimum:
(a)
All applications for a proposed use that does
not involve construction, alteration or enlargement of a principal
or accessory structure shall include a property survey showing compliance
with any applicable requirements for the proposed use such as signage,
parking, buffer areas and the like, as well as a narrative describing
the proposed use and demonstrating compliance with all applicable
criteria for approval, including, but not limited to, any express
standards and criteria for a conditional use or use by special exception.
(b)
All applications for a zoning permit for a principal
structure where construction is proposed shall be accompanied by 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; zoning
of the lot(s) and zoning of all abutting properties; exact location
and exterior dimensions of the existing and proposed building(s) or
other structure(s); exact location and area of all existing and proposed
watercourses; drainageways, rights-of-way and easements; exact location
of existing and proposed driveways, streets and roads within, adjacent
and opposite to the lot(s) or parcel; exact location of existing and
proposed off-street parking, loading and pedestrian movement facilities;
exact dimensions of front, side and rear yards for all principal and
accessory uses; and any other additional data as may be deemed necessary
and be requested by the Zoning Officer to determine compliance with
this chapter.
(c)
All applications for construction, alteration
or enlargement of an accessory structure shall be accompanied by two
copies of a plot plan showing the principal structure, the proposed
location of the accessory structure, setbacks for the accessory structure,
its relationship to the principal structure and all easements and
rights-of-way on the property.
(d)
The Zoning Officer may require an applicant
to furnish a survey of the property by a Pennsylvania registered land
surveyor when complete and accurate information is not readily available
from existing records.
(e)
The Zoning Officer may require additional data
to determine compliance with this chapter.
(2) It shall be the duty of the Zoning Officer to review
the application to determine if all necessary information has been
submitted or request more information of the applicant and officially
receive the application for review by the appropriate Borough agencies.
(3) All applications for a zoning permit shall be accompanied by a fee, to be based upon the fee schedule of the Borough, as provided for in §
180-116 of this chapter.
C. Approval of zoning permit. Upon approval of the application
for a zoning permit, one copy of the approved zoning permit with the
approved application attached shall be returned to the applicant.
One copy of such zoning permit shall be kept on file in the Borough
Office.
D. Denial of zoning permit. In the event of a denial,
the Zoning Officer shall state, in writing, the reason(s) for such
denial, including the citation of the specific section(s) of this
or other pertinent ordinances that have not been met.
E. Inspection. The Zoning Officer, or his duly appointed
representative, may make inspections on the property for which an
application for a zoning permit has been submitted, issued or completed.
F. Failure to obtain zoning permit. Failure to obtain a zoning permit shall be a violation of this chapter and shall be subject to the enforcement remedies of §
180-109 of this chapter.
[Amended 3-28-2023 by Ord. No. 479]
A. A certificate of occupancy indicating compliance with
the provisions of this chapter shall be required prior to:
(1) Occupancy of a new building.
(2) Occupancy and use of a building that is moved, reconstructed
or enlarged and requires a building permit.
(3) Change in the use of an existing building, structure,
water body or land area other than to a use of the same type.
(4) A change of a nonconforming use, building or structure
authorized by the Zoning Hearing Board.
(5) A
change in use of a nonconforming use to a conforming use.
(6) Occupancy
and use of unimproved or vacant land.
(7) The
above provisions apply to both principal and accessory buildings,
structures and uses. The accessory structures listed below require
a zoning permit and a certificate of occupancy when under 1,000 square
feet, and a zoning permit, building permit, and certificate of occupancy
when 1,000 square feet or more.
(d) Porches or decks when added to an existing building.
(e) Decks when not attached to a building.
(h) Other accessory structures.
B. Application for certificate of occupancy.
(1) All requests for a certificate of occupancy shall
be made, in writing, on a form furnished by the Borough, completed
by the owner or other authorized agent, and shall include a statement
that the use and/or construction authorized by the approved zoning
permit has been completed in compliance with all applicable requirements.
(a)
It shall be the duty of the Zoning Officer to
review the application to determine if all necessary information has
been submitted, to request more information from the applicant and
officially receive the application.
(b)
All applications for a certificate of occupancy shall be accompanied by a fee to be based upon the fee schedule of the Borough, as provided for in §
180-116 of this chapter.
C. Issuance of certificate of occupancy.
(1) Applications for a certificate of occupancy shall
be reviewed by the Zoning Officer. The Zoning Officer shall either
issue findings as a basis for denial or shall approve the application.
(2) Upon approval of the request for a certificate of
occupancy, one copy of the certificate of occupancy shall be given
to the applicant, and one copy of the certificate of occupancy shall
be kept on file in the Borough office.
D. Denial of certificate of occupancy. In the event of
denial, the Zoning Officer shall forward to the applicant a written
statement containing the reason(s) for such denial and shall cite
the specific requirements of this chapter that have not been met.
E. Time limitations. A certificate of occupancy shall
remain valid for as long as the structure, building, water body or
land area is used in the manner for which the certificate of occupancy
has been issued.
F. Temporary certificate of occupancy. A temporary certificate
of occupancy may be issued by the Zoning Officer for a period not
exceeding six months to permit partial occupancy of a building, structure,
water body or land area while work is being completed, provided such
temporary certificate of occupancy may require such conditions and
safeguards as may be warranted, including posting of surety, to protect
the health and safety of the occupants and the public and guarantee
compliance with the provisions of this chapter or any conditions attached
to the zoning certificate.
G. Failure to obtain a certificate of occupancy. Failure to obtain a certificate of occupancy shall be a violation of this chapter and shall be subject to enforcement remedies as provided in §
180-109 of this chapter.
H. Zoning
certification letter.
(1) A
zoning certification letter shall be issued to certify the following:
(a) Correct zoning classification.
(b) Compatibility of existing land uses.
(c) Compatibility of proposed land uses.
(d) Legal status of a nonconforming use, structure or lot.
(2) A
zoning certification letter is required for every change in ownership
for any use, building, land, structure or lot.
(3) Application.
A complete application for a zoning certification letter shall be
submitted to the Zoning Officer in a form established by the Borough,
along with a nonrefundable fee established by the Borough to defray
the cost of processing the application.
A temporary use permit shall be required prior
to the initiation of an authorized temporary use of a structure, land
or water body and shall meet the following requirements:
A. Approvals required.
(1) Temporary construction trailers, model homes or sales offices shall be subject to approval of a temporary use permit by the Zoning Officer under this section, provided the Zoning Officer also determines compliance with §
180-74.
(2) Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail business with the permission of the landowner for a period of not more than 72 consecutive hours shall be exempt from obtaining a temporary use permit. Any such activity that exceeds 72 consecutive hours in duration shall be exempt from obtaining approval of a use by special exception from the Zoning Hearing Board but shall be subject to approval by the Zoning Officer of a temporary use permit provided the Zoning Officer determines compliance with all applicable standards of §
180-66II as a condition precedent to issuing the temporary use permit under this section.
(3) Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining approval of a use by special exception from the Zoning Hearing Board but shall be subject to approval by the Zoning Officer of a temporary use permit, provided the Zoning Officer determines compliance with all applicable standards of §
180-66II as a condition precedent to issuing the temporary use permit under this section.
(4) All other temporary uses shall be subject to approval by the Zoning Hearing Board of a use by special exception in accordance with the criteria of §
180-66II as a condition precedent to obtaining a temporary use permit from the Zoning Officer under this section.
B. Application for temporary use permit. All requests
for temporary use permits shall be made in writing on a form furnished
by the Borough and shall include a full description of the type of
use for which such permit is being sought and the dates during which
this use is proposed to be in existence.
(1) It shall be the duty of the Zoning Officer to review
the application for compliance, request more information of the applicant
and officially receive the application.
(2) All applications for a temporary use permit shall be accompanied by a fee, to be based upon the fee schedule adopted by the Borough, as provided for in §
180-116 of this chapter.
(3) Any temporary use that requires approval of a use by special exception by the Zoning Hearing Board shall include the information required by §
180-64C for approval of an application for a use by special exception.
C. Issuance of permit.
(1) Any temporary use permit that requires approval of a use by special exception in accordance with the express standards and criteria of §
180-66II shall not be issued until the favorable decision of the Zoning Hearing Board is received.
(2) Applications for a temporary use permit shall be reviewed
by the Zoning Officer. The Zoning Officer shall either issue findings
as a basis for denial or shall approve the temporary use permit.
(3) Upon approval of the application for a temporary use
permit, one copy of the permit shall be given to the applicant. The
applicant's copy of the permit must be publicly displayed at the site
of the temporary use during the existence of the use. One copy of
the permit shall be kept on file in the Borough Office.
D. Denial of permit. In the event of denial, the Zoning
Officer shall forward to the applicant a written statement containing
the reason(s) for such denial and shall cite the specific requirements
of this chapter that have not been met.
E. Time limitations. Temporary use permits are valid for the time period(s) specified in the approval. Annual renewal may be granted subject to the Zoning Officer's determination that there is continuing compliance with §
180-66II. All temporary uses shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.
F. Inspections.
(1) The Zoning Officer, or his duly appointed representative,
may make an inspection of the property on which such temporary use
is to be located to determine the suitability of the site for the
use. This inspection shall be made prior to issuing a permit, prior
to initiation of the use or, in the event a renewal of the permit
is requested, during the time the use is in existence.
(2) In the event of such inspection, a record shall be
made indicating the time and date of inspection; the findings of the
Zoning Officer in regard to conformance with this chapter and other
Borough ordinances; and the opinion of the Zoning Officer with regard
to the suitability of the site for this use.
G. Failure to obtain a temporary use permit. Failure to obtain a temporary use permit shall be a violation of this chapter and shall be subject to enforcement remedies as provided in §
180-109 of this chapter.
A sign permit shall be required in accordance with the provisions of §
180-85 of this chapter. It shall be unlawful for any person to commence work for the erection or alteration of any sign until a permit has been issued.
A. Application for permit. All requests for sign permits
shall be made in writing on a form furnished by the Borough and shall
include a full description of the proposed sign, a description of
the lot upon which such proposed sign is to be located and a description
of any other existing signs on the same lot.
(1) All applications for a sign permit shall be accompanied by two copies of a drawing showing width of sign; height of sign; gross surface area of sign; total height of sign above adjacent ground level; clearance between bottommost part of sign and ground level; and, for freestanding signs, the distance between the front edge of the sign and adjacent street right-of-way and the distance between the side or rear edge of the sign and the side or rear property line; the proposed message; construction specifications; the type of foundation, structural integrity and ability to withstand wind loads; the form of illumination proposed, if any; and compliance with the visibility requirements of §
180-70D of this chapter.
(2) It shall be the duty of the Zoning Officer to review
the application for completeness and compliance, request more information
of the applicant or officially receive the application for the sign.
(3) All applications for a sign permit shall be accompanied by a fee, to be based upon the fee schedule of the Borough as provided for in §
180-116 of this chapter.
(4) In the case of new construction of a multitenant development
site, it shall be the responsibility of the developer to submit an
application for a sign package that includes any monument signs, pole
signs or ground signs proposed for the site, as well as any on-premises
directional signs. Individual businesses shall apply for permits for
any wall signs proposed for their buildings and, in the case of outparcels,
any freestanding signs proposed.
B. Issuance of permit.
(1) Applications for a sign permit shall be reviewed by
the Zoning Officer. The Zoning Officer shall either issue findings
as a basis for denial or shall approve the application.
(2) Upon approval of the sign permit, one copy of the
permit shall be given to the applicant, and one copy of the permit
shall be kept on file in the Borough Office.
C. Denial of permit. In the event of denial, the Zoning
Officer shall forward to the applicant a written statement containing
the reason(s) for such denial and shall cite the specific requirements
of this chapter that have not been met.
D. Inspections. For a sign permit, the Zoning Officer,
or his duly appointed representative, may make the following inspections
on property on which the permanent sign is to be located: prior to
installation of the sign; following installation of the sign; occasionally
to determine continued maintenance and compliance with this chapter;
in response to any written complaint; whenever the sign is proposed
to be replaced or modified; and upon cessation of the use for which
the sign was erected.
E. Failure to obtain a sign permit. Failure to obtain a sign permit shall be a violation of this chapter and shall be subject to enforcement remedies as provided in §
180-109 of this chapter.
Borough Council may introduce and/or consider
amendments to this chapter and to the Zoning District Map. In addition,
Borough Council may consider amendments to this chapter and to the
Zoning District Map that are proposed by the Planning Commission or
by a petition of landowners of property within the Borough.
A. Petitions. Petitions for amendments by landowners shall be filed with the Planning Commission at least 20 calendar days prior to the meeting at which the petition is to be heard. In the case of a petition for reclassification of property, the petitioners, upon such filing, shall submit a legal description of the property proposed to be rezoned. All petitions shall include a statement justifying the request and documenting consistency with the Borough's Comprehensive Plan and a filing fee, in accordance with the fee schedule fixed by resolution of Borough Council as provided for in §
180-116. The Planning Commission shall review the proposed amendment and report its findings and recommendations in writing to Borough Council.
B. Referral. Any proposed amendment presented to Borough
Council without written findings and recommendations from the Borough
Planning Commission and the Beaver County Planning Commission shall
be referred to these agencies for review at least 30 days prior to
the public hearing of Borough Council. Borough Council shall not hold
a public hearing upon such amendments until the required reviews are
received or the expiration of 30 days from the date of referral, whichever
comes first.
C. Posting of property. If the proposed amendment involves
a change to the Zoning District Map, notice of the public hearing
shall be conspicuously posted by the Borough at points deemed sufficient
by the Borough along the tract to notify potentially interested citizens
at least seven days prior to the date of the public hearing.
D. Mailing of notices. In addition to posting the property,
if the proposed amendment involves a change to the Zoning District
Map, notice of the public hearing shall be mailed by the Borough at
least 30 days prior to the date of the 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 Borough. 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 when the rezoning constitutes
a comprehensive rezoning.
E. Public notice and public hearing. Before acting on
a proposed amendment, Borough Council shall hold a public hearing
thereon. Public notice, as defined by this chapter, shall be given
containing a brief summary of the proposed amendment and reference
to the place where copies of the same may be examined.
F. Readvertisement. If, after any public hearing is held
upon a proposed amendment, the amendment is substantially changed
or revised to include land not previously affected by the amendment,
Borough Council shall hold another public hearing, pursuant to public
notice, before proceeding to vote on the amendment.
G. Publication, advertisement and availability.
(1) Proposed amendments shall not be enacted unless Borough
Council gives notice of the proposed enactment, including the time
and place of the meeting at which passage will be considered and a
reference to the place in the Borough where copies of the proposed
amendment may be examined without charge or obtained for a charge
not greater than the cost thereof.
(2) Borough Council shall publish the proposed amendment
once in a newspaper of general circulation in the Borough not more
than 60 nor less than seven days prior to passage. Publication of
the proposed amendment shall include either the full text thereof
or the title and a brief summary prepared by the Borough Solicitor
setting forth all the provisions in reasonable detail. If the full
text is not included:
(a)
A copy thereof shall be provided to the newspaper
at the time public notice is published; and
(b)
An attested copy of the proposed ordinance shall
be filed in the County Law Library.
H. Action. In the case of proposed adoption of a completely
revised Zoning Ordinance, within 90 days of the date when the public
hearing on the proposed ordinance is officially closed, Borough Council
shall vote on the proposed ordinance. In the event substantial amendments
are made in the proposed ordinance or amendment, Borough Council shall
readvertise in one newspaper of general circulation in the Borough
a brief summary of the ordinance or amendments at least 10 days prior
to enactment.
I. Filing amendment with County Planning Commission.
Within 30 days after enactment, a copy of the amendment to this chapter
shall be forwarded to the Beaver County Planning Commission.
J. Mediation option. Borough Council may offer the mediation option as an aid in completing proceedings authorized by this §
180-115. The Borough and the mediating parties shall meet the stipulations and follow the procedures set forth in §
180-104 of this chapter.
Borough Council shall establish and revise,
from time to time, a schedule of fees by resolution, as well as a
collection procedure, for all applications submitted under the provisions
of this chapter. The schedule of fees shall be available to the public
from the Zoning Officer or the Borough Manager.
A curative amendment may be filed by a landowner
who desires to challenge, on substantive grounds, the validity of
this chapter or the Zoning District Map, or any provision thereof,
that prohibits or restricts the use or development of land in which
he has an interest.
A. Procedure. The landowner may submit a curative amendment
to Borough Council with a written request that his challenge and proposed
amendment be heard and decided as provided in Sections 609.1 and 1004
of the Pennsylvania Municipalities Planning Code, Act 247, as amended. As with other proposed amendments, the curative amendment
shall be referred to the Borough Planning Commission and the Beaver
County Planning Commission at least 30 days before the hearing is
conducted by Borough Council. Public notice shall be given in accordance
with Sections 610, 1004 and other applicable provisions of the
Pennsylvania Municipalities Planning Code. The hearings shall be conducted in accordance with the
provisions of Subdivisions (4) through (8) of Section 908 of
the Pennsylvania Municipalities Planning Code, and all references in that section to the Zoning
Hearing Board shall be references to Borough Council.
B. Evaluation of merits of curative amendment. If Borough
Council determines that a validity challenge has merit, Borough Council
may accept a landowner's curative amendment, with or without revision,
or may adopt an alternative amendment that will cure the alleged defects.
Borough 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 actually available
to and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of this chapter or Zoning District Map;
(3) The suitability of the site for the intensity of the
use proposed by the site's soils, slopes, woodlands, wetlands, floodplains,
aquifers, natural resources and other natural features;
(4) The impact of the proposed use on the site'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 that are essential to public health
and welfare.
C. Declaration of invalidity by court. If the Borough
does not accept a landowner's curative amendment brought in accordance
with this section and a court subsequently rules the challenge
has merit, the court's decision shall not result in a declaration
of invalidity for this entire ordinance but only for those provisions
that specifically relate to the landowner's curative amendment challenge.