The Zoning Officer or his authorized representative
shall administer and enforce this chapter in accordance with its terms
and conditions, and he shall have all powers incident thereto, including
instituting civil enforcement proceedings as a means of enforcement,
when acting within the scope of his/her employment. The Zoning Officer
shall be appointed by the Board of Commissioners and shall hold no
elective office in Butler Township. The Zoning Officer shall meet
the qualifications set by the Township and be able to demonstrate,
to the satisfaction of the Township, a working knowledge of municipal
zoning.
A.
Violations. Failure to comply with any provision of
this chapter or to secure a zoning permit prior to the erection, construction,
extension, alteration or addition to a building or failure to secure
an occupancy permit for the use or change of use or occupancy of structures
or land, as required by this chapter, shall constitute a violation
of this chapter.
B.
Complaints. Whenever a violation of this chapter occurs
or is alleged to have occurred, any person may file a written complaint.
Such complaint stating fully the causes and basis thereof shall be
filed with the Zoning Officer or his authorized representative. He
shall record properly such complaint, immediately investigate and
take action thereon as provided by this chapter.
C.
Enforcement notice.
(1)
If no zoning permit or occupancy permit has been issued
for the use of any structure or any other work for which a permit
is required by this chapter, the Zoning Officer or his authorized
representative shall issue an order to the contractor, owner, lessee
and/or other person in charge of the premises to immediately cease
and desist and shall file a citation before the District Justice and/or
shall take such other legal action as is warranted.
(2)
If there is a violation of any other terms, provisions
and conditions of this chapter (other than the requirements to obtain
a zoning permit or occupancy permit), the Zoning Officer or his authorized
representative shall give a written enforcement notice to the contractor,
owner, lessee and/or person in charge of the premises, by certified
mail or personal service of the enforcement notice, with an order
to fully correct the same within five days from service of the enforcement
notice. The enforcement notice shall contain the following information:
(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 Zoning Hearing 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 Zoning Hearing
Board, constitutes a violation, with possible sanctions clearly described.
(3)
In the event that said violations are not corrected
within five days, the Zoning Officer or his authorized representative
shall issue a written revocation of the zoning and/or occupancy permits
and shall initiate a civil proceeding before the District Justice
and/or shall take such other legal action as is warranted.
A.
Any person, partnership or corporation who or which
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 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 judgment, the 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 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. All judgments, costs and reasonable attorney
fees collected for the violation of this chapter shall be paid over
to the Township.
B.
The Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem fine pending
a final adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the Township
the right to commence any action for enforcement pursuant to this
section.
No building or other structure, whether above,
on or below the ground surface, shall be erected, moved or added to
or altered without a zoning permit therefor issued by the Zoning Officer
or his authorized representative. Only the owner of the property or
of the structure for which the permit is intended or his authorized
representative shall obtain the zoning permit. The owner shall also
be made aware by the Zoning Officer or his authorized representative
that no occupancy permit shall be issued until the Zoning Officer
or his authorized representative is satisfied that existing streets
and public utilities and facilities have been repaired to their condition
prior to construction. Further, the Zoning Officer or his authorized
representative shall determine prior to issuing the zoning permit
that stormwater drainage will be handled on the property containing
the construction for which the permit is to be issued and not permitted
to enter the sanitary sewers or to flow across a public street or
adjacent properties. In no case shall a zoning permit be issued for
any lot which does not have frontage on a public street.
For all land developments, as defined herein, approval of a land development plan in accordance with the requirements of Chapter 252, Subdivision and Land Development, shall be prerequisite to obtaining a zoning permit for the proposed construction or alteration.
All applications for zoning permits pertaining
to new construction shall be accompanied by a copy of plans drawn
to scale, showing the actual dimensions and shape of the lot to be
built upon; the exact sizes and locations on the lot of buildings
already existing, if any; and the location and dimensions of the proposed
building. The application shall include such other information as
lawfully may be required by the Zoning Officer or his authorized representative,
including existing or proposed building or alterations; existing or
proposed uses of building and land; the number of families, housekeeping
units or rental units the building is designed to accommodate; conditions
existing on the lot; and such other matters as may be necessary to
determine conformance with and provide for the enforcement of this
chapter and the Uniform Construction Code (UCC) and other pertinent
ordinances.
The Zoning Officer or his authorized representative
shall act upon the application for a zoning permit within 30 days
after its receipt by either approving or rejecting it or requiring
modifications of the plans and specifications. Failure to act on the
application within 30 days shall result in the application being deemed
denied. When approved, the Zoning Officer or his authorized representative
shall issue the permit. Every permit shall be considered canceled
if active work is not commenced within a period of 90 days from the
date of its issue or if work on the operation ceases for a continuous
period of 60 days, provided that such cessation of work is not caused
by circumstances beyond the applicant's control, as certified by the
Zoning Officer or his authorized representative. Where the permit
covers more than one building, starting of work on one of them shall
be considered as compliance with the foregoing provisions. After the
issuance of the permit, no transfer of the same to another party may
be made unless authorized by the Zoning Officer or his authorized
representative.
Zoning permits issued on the basis of plans and applications approved by the Zoning Officer or his authorized representative authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized in the permit shall be deemed a violation of this chapter and punishable as provided by § 300-54 of this chapter.
A.
No land, new structure or building or addition thereto
or alteration thereof shall be occupied or used unless and until an
occupancy permit is granted and issued by the Zoning Officer or his
authorized representative after inspection of the premises to ensure
full and complete compliance with the zoning permit, if applicable,
and all terms and provisions of this chapter of the Code of the Township
of Butler.
B.
New uses.
(1)
After establishment of a new use or after completion
of the whole building or structure authorized by a zoning permit and
upon the application by the owner or his duly authorized agent setting
forth such facts as the Zoning Officer or his authorized representative
may require and after actual inspection of the premises by the Zoning
Officer or his authorized representative, the Zoning Officer or his
authorized representative shall, upon finding the facts to be as represented,
issue in duplicate an occupancy permit, certifying that the premises
complies with the provisions of this chapter and may be used for the
purposes set forth in the permit, which purposes shall conform to
the requirements of this chapter.
(2)
No change of use shall be made in any land or any
building, structure or premises now or hereafter erected or altered
that is not consistent with the requirements of this chapter. Any
person desiring to change the use of his premises shall apply to the
Zoning Officer or his authorized representative for an occupancy permit,
setting forth such facts as may be required.
C.
Existing uses.
(1)
Upon written request from the owner, tenant or occupant,
the Zoning Officer or his authorized representative, after inspection,
shall issue an occupancy permit for an existing use legally existing
at the time this chapter is made effective, certifying the extent
and kind of use and whether any such existing use conforms to the
provisions of this chapter.
(2)
No change or extension of use and no alterations shall
be made in a nonconforming use or premises without an occupancy permit
having first been issued by the Zoning Officer or his authorized representative
stating that such change, extension or alteration is in conformity
with the provisions of this chapter, unless otherwise authorized by
the Zoning Hearing Board.
(3)
Each occupant of any nonresidential land, building,
structure or structural alteration or addition thereto shall make
application for an occupancy permit, whether or not the existing use
is changed, before occupying the land, building or structure.
D.
A copy of the occupancy permit shall be displayed
upon request made by the Township Zoning Officer or his authorized
representative or police officer. A record shall be kept of all occupancy
permits issued and the original applications therefor shall be kept
on file in the same manner as applications for zoning permits.
Development in floodplain areas shall be further subject to the special permits required by Chapter 183, Floodplain Management.
A zoning permit or occupancy permit for any structure or use shall be revoked by the Zoning Officer or his authorized representative if the holder of such permit has failed to comply with the requirements of this chapter or with any conditions attached to the issuance of the permit. Upon revocation of a permit, the holder may also be subject to the enforcement remedies specified in § 300-54 of this chapter.
[Amended 10-19-2015 by Ord. No. 887]
A.
Prior to making application for a zoning permit or occupancy permit
for any use listed in any zoning district as a conditional use, the
applicant shall submit an application for conditional use approval
in accordance with the following procedures:
B.
It shall be the responsibility of the applicant to illustrate compliance
with all express standards for each conditional use to the satisfaction
of the Township. In granting a conditional use, the Township Commissioners
may also add reasonable additional conditions and safeguards beyond
the specific criteria for each conditional use. The purpose of such
additional conditions and safeguards is to further mitigate negative
impacts of a development upon a specific site or neighborhood and
make the conditional use more compatible with the zoning district.
(1)
Such reasonable additional conditions and safeguards may include,
but are not limited to:
(a)
Establishment of screening and buffering or an increase in screening
and buffering normally required.
(b)
Limitations upon hours of operation.
(c)
Establishment of fencing for purposes of security, limiting
vehicular access, or control of wind-blown trash.
(d)
Limits upon future subdivision of property to prevent the creation
of a lot too small for the approved conditional use.
(e)
Changes in the proposed location or design of access drives
or parking areas to prevent traffic hazards, congestion, or the impacts
of increased traffic upon local access and residential streets.
(2)
The developer will be notified, in writing, of any such reasonable
additional conditions and safeguards imposed by the Commissioners
as part of an approval and must agree or accept such conditions or
safeguards.
C.
Sketch plan requirements. As part of a conditional use application,
the developer shall submit a sketch plan that generally identifies
proposed areas for building, outdoor use (if applicable), or parking,
or other development. This sketch plan need not include final dimensions
and final designs of any public or private improvements but shall
focus upon the relationship of proposed buildings and structures to
each other and the surrounding neighborhood. Nothing in this section
alters the right of the Township to review and approve any subdivision
and land development plan submitted after conditional use approval.
(1)
The plan shall illustrate any pedestrian and vehicular access proposed.
(2)
The developer shall submit a sketch landscaping plan that illustrates
how landscaping will be used to buffer the proposed development from
any abutting residential areas.
(3)
The Township Commissioners may increase standards for buffering and
landscaping as a reasonable additional condition and safeguard.
D.
If the applicant withdraws the proposal and resubmits it with changes,
the time deadlines for review and approval shall commence with the
resubmission. Having gained approval and accepted any conditions,
the applicant may apply for a zoning permit or occupancy permit, which
shall be issued by the Zoning Officer or his authorized representative
subject to compliance with all terms and conditions of the approval
of the conditional use application.
A.
The Township Board of Commissioners shall make provision
in its budget and appropriate funds for the operation of the Zoning
Hearing Board. The Zoning Hearing Board may employ or contract for
and fix the compensation of legal counsel, as the need arises, who
shall be an attorney other than the Township Solicitor. The compensation
of legal counsel or other experts or staff employed by the Zoning
Hearing Board shall not exceed the amount appropriated by the Township
Board of Commissioners for this use.
B.
The Township Board of Commissioners shall appropriate
funds for the administration and enforcement of this chapter and for
actions to support or oppose, upon appeal to the courts, decisions
of the Zoning Hearing Board.
A.
The Township Board of Commissioners shall prescribe
a collection procedure and schedule of reasonable fees for the administration
of this chapter and for hearings before the Zoning Hearing Board,
which shall be established from time to time by resolution of the
Board of Commissioners and which schedule of fees shall be available
for public inspection in the office of the Township Manager.
B.
No permit, conditional use, special exception or variance
shall be issued unless or until such costs, charges, fees or expenses
for the permit, conditional use, special exception or variance have
been paid in full; nor shall any action be taken on proceedings before
the Zoning Hearing Board unless or until preliminary charges and fees
have been paid in full.
