This article contains provisions which will
help ensure that the residents, businesses and institutions within
the City of Coatesville comply with this chapter. In this article,
the appointment and duties of a Zoning Officer are established, the
procedures for obtaining permits required by this chapter are outlined,
fees to help cover zoning administration expenses are required and
enforcement proceedings are set forth.
A.
Appointment. A Zoning Officer shall be appointed by
the City Council to administer and enforce this chapter. To be eligible
for the position, an applicant must:
B.
Duties. The duties of the Zoning Officer shall include
the following:
(1)
Administer this chapter, and all amendments, in accordance
with its literal terms. The Zoning Officer shall not have the power
to permit any construction or any use or change of use which does
not conform to this chapter.
(2)
Receive and examine all applications for permits and
to process certain applications as follows:
(3)
Receive applications for interpretation appeals and
forward these applications to the Zoning Hearing Board.
(4)
Request that the Zoning Hearing Board interpret provisions
of this chapter when necessary.
(5)
Forward applications for curative amendments and validity
challenges to the City Council, Planning Commission or Zoning Hearing
Board in accordance with this chapter.
(6)
Issue permits in accordance with this article. Certain
permits shall be issued only under the following circumstances:
(7)
Revoke permits in accordance with this article.
(8)
Institute civil enforcement proceedings as a means
of enforcement when acting within the scope of employment.
(9)
Administer the National Flood Insurance Program.
(10)
Conduct inspections and surveys of structures,
uses, signs and lots to determine compliance or noncompliance with
the terms of this chapter.
(11)
Keep an official record of all applications,
permits, conditions of approval, plans, documents, complaints and
actions taken to address complaints and all other activities and materials
related to the administration and enforcement of this chapter.
(12)
Maintain a map or set of maps showing the current
zoning classification of all land in the City.
(13)
Make such reports as the City Council, Zoning
Hearing Board and Planning Commission may require.
A.
General provisions.
(1)
Applications.
(a)
Applications for permits shall be submitted
to the Zoning Officer, in writing, by the landowner or an authorized
agent on forms furnished by the City of Coatesville.
(b)
There shall be included with any such application
all other plans, documents and information necessary for the Zoning
Officer to determine whether the proposal complies with this chapter
and all other pertinent ordinances, codes and regulations of the City
of Coatesville.
(2)
Issuance or refusal of permits.
(a)
No permit shall be issued until the Zoning Officer
has certified:
[1]
That all information has been provided and the
proposal complies with the provisions of this chapter.
[2]
That the proposal complies with all other pertinent
ordinances, codes and regulations of the City of Coatesville.
[3]
For conditional uses, that the proposal complies
with all conditions established by the City Council.
[4]
That appropriate permits have been issued from
the Pennsylvania Department of Labor and Industry for commercial uses,
industrial uses, places of public assembly and other uses as required
by the commonwealth.
[5]
That all other necessary governmental reviews
and permits have been obtained.
(b)
If the Zoning Officer determines that an application is in compliance with the provisions of Subsection A(2)(a) above, it shall be his or her duty to issue the appropriate permit. If the Zoning Officer determines that an application is not in compliance with Subsection A(2)(a) above, it shall be his or her duty to refuse the permit, in which case the Zoning Officer shall inform the applicant of the prescribed method of appeal or further application for approval.
(c)
If the Zoning Officer expresses a reasonable doubt that the proposal will comply with all the requirements of Subsection A(2)(a) above, it will be incumbent upon the applicant to furnish adequate evidence in support of the application. If such evidence is not presented, the permit will be refused.
(d)
If the Zoning Officer determines that the application
for a permit is incomplete, it will be incumbent upon the applicant
to furnish information necessary to complete the application. If such
information is not presented, the permit will be refused.
(3)
Revocation of permit. The Zoning Officer may revoke
a permit issued under the provisions of this chapter in case of any
false statement or misrepresentation of fact in the application or
on the plan on which the permit or approval was based or for any other
cause set forth in this chapter.
(5)
Deviation from work described in permit. Zoning permits, building permits and conditional use permits issued on the basis of plans and applications approved by the Zoning Officer authorize only the work described in the permit. Deviations from the work authorized shall be deemed a violation of this chapter and punishable as provided by § 224-81.
B.
Required permits.
(1)
Zoning permits.
(a)
Applicability. A zoning permit shall be required
prior to any of the following:
[1]
A land development.
[2]
The construction of a single-family dwelling.
[4]
The erection, construction, demolition or alteration
of a structure or use within the Floodplain Conservation Overlay District.
[5]
The erection, construction, demolition or alteration
of a structure or use within the steep slope district.
(b)
Issuance.
[2]
The Zoning Officer shall grant or deny the zoning
permit within 30 of a completed application. If the zoning permit
is denied, the Zoning Officer shall specify the reasons for denying
the permit.
[3]
The zoning permit, once issued, shall be posted
on the property until completion of the project.
[4]
Upon the completion of the activity authorized
by the zoning permit and prior to use or occupancy, the holder of
the permit shall notify the Zoning Officer and a use and occupancy
permit shall be obtained.
(2)
Building permits.
(a)
Applicability. A building permit shall be required prior to the erection, construction, demolition or alteration of any building or structure, or any portion thereof, in accordance with Chapter 82, Building Construction, of the Code of the City of Coatesville.
(b)
Issuance.
[2]
The Zoning Officer shall grant or deny the building
permit within 30 days of a completed application. If the building
permit is denied, the Zoning Officer shall specify the reasons for
denying the permit.
[3]
The building permit, once issued, shall be posted
on the property until completion of the project.
(3)
Conditional use permit.
(a)
Applicability. The governing body shall have
the power to approve conditional use permits when specifically required
by this chapter.
(b)
Issuance. A conditional use permit shall be issued in accordance with § 224-79 and the following procedure:
[1]
The Zoning Officer shall forward an application
for a conditional use to the Planning Commission and the City Council
for review.
[2]
The Planning Commission shall review the application
and any supporting documents to determine whether the conditional
use is consistent with this chapter, City of Coatesville Comprehensive
Plan and other plans or ordinances adopted by the City of Coatesville.
The Planning Commission shall forward its comments and recommendations
to the City Council prior to the final decision by the Council.
[3]
The City Council shall conduct a public hearing and make a decision in accordance with § 224-86.
[4]
When making a decision, the City Council shall
grant a conditional use permit only when it finds that a proposed
structure or use will meet requirements listed below. The applicant
shall be responsible for demonstrating compliance with these standards:
[a]
The proposal shall be in compliance
with this chapter, both general provisions and those applicable to
the particular structure or use.
[b]
The proposal shall be consistent
with the goals and objectives of the City of Coatesville Comprehensive
Plan as well as recommendations contained therein.
[c]
The City Council shall consider
the comments and recommendations of the Planning Commission.
[d]
The proposed conditional use shall
be suitable for the lot, including but not limited to its location,
water and sewer service capabilities, natural features and accessibility
to roads, utilities and infrastructure.
[e]
The impacts of the proposed conditional
use shall not adversely affect the neighborhood, including but not
limited to traffic, noise and lighting.
[f]
The impacts of the proposed conditional
use shall not adversely affect public services and facilities, such
as water supply, sewage disposal, roads, police and fire protection,
emergency services, open space and recreation facilities and the public
school system, and where necessary, arrangements for mitigating the
impact or improving the public service or facility are assured.
[g]
The impacts of the proposed conditional
use on adjacent municipalities shall be considered, including but
not limited to roads, public services or facilities and community
services or facilities.
[h]
The proposed conditional use shall
not adversely affect the public health, safety, morals and general
welfare and shall serve the best interests of the City of Coatesville.
[i]
In granting a conditional use permit,
the City Council may attach reasonable conditions and safeguards as
it may deem necessary to implement the purposes of this chapter and
the City of Coatesville Comprehensive Plan.
[5]
The permit, once issued, shall be posted on
the property until completion of the project.
[6]
Upon the completion of the activity authorized
by the conditional use permit and prior to use or occupancy, the holder
of the permit shall notify the Zoning Officer and a use and occupancy
permit shall be obtained.
[7]
An application for a conditional use permit may be considered concurrently with the preliminary plan for a land development or subdivision, provided that a sketch plan has been approved in accordance with Chapter 197, Subdivision and Land Development.
[8]
The failure of the applicant to demonstrate
compliance with the requirements of this article, at the discretion
of the City Council, can be deemed either a basis for establishing
conditions or limitations on an approval or the basis for a denial
of a conditional use application.
(4)
Use and occupancy permits.
(a)
Applicability.
[1]
A use and occupancy permit shall be required
upon completion of the project for which a zoning permit or conditional
use permit was issued.
[2]
It shall be unlawful for any person to use or
occupy any structure or land until a use and occupancy permit has
been duly issued and, where applicable, a highway occupancy permit
has been issued by the Pennsylvania Department of Transportation.
(b)
Issuance.
[2]
The Zoning Officer shall grant or deny the use
and occupancy permit within 10 days of a completed application. If
the use and occupancy permit is denied, the Zoning Officer shall specify
the reasons for denying the permit.
(c)
Temporary use and occupancy permit. A temporary
use and occupancy permit may be issued by the Zoning Officer for a
period not exceeding six months during alterations or partial occupancy
of a building pending its completion, provided that such a temporary
permit may require conditions and safeguards needed to protect the
safety of the occupants and the public.
C.
Variances and special exceptions.
[Added 12-10-2007 by Ord. No. 1293-2007]
(1)
Applications.
(a)
Special exception: permission for a use that
would not be permissible generally or without restriction throughout
a zoning district but which, if controlled as to area, location, relation
to the neighborhood and other such restrictions as may be deemed appropriate
in each case, would be compatible with surrounding land uses and found
to be consistent with the Comprehensive Plan for City of Coatesville.
(b)
Variances: deviation from specific dimensional
requirements within a regulation. These frequently involve modifications
to required yards. The granting of a variance is generally based upon
special circumstances which create an undue hardship to the property
owner. An undue hardship is defined as an exceptional hardship which
cannot reasonably be corrected or avoided by the applicant. Self-created
problems or common difficulties shared by all other property owners
in an area are not an undue hardship.
(2)
Written petition.
(a)
Applications for special exceptions and variances
shall be obtained from and filed with the Zoning Official and shall
be accompanied by the applicable fee. The Zoning Official shall review
the application for sufficiency, which includes completeness of the
application. If additional data is required, the Zoning Official shall
advise the applicant within 15 working days after receipt of the application.
(b)
Upon finding the application to be correct and
complete, it shall be scheduled for a public hearing before the next
available Zoning Hearing Board (ZHB) meeting, but not more than 60
days after initial filing. Should an error in the application be discovered,
the Zoning Official shall have the discretion to require the applicant
to reapply or submit a revised plan with additional information. Special
exception applications and applications for variances shall include
but not be limited to the following where applicable:
[1]
Site plans of an appropriate scale showing proposed
placement of structures on the property, provisions for ingress and
egress, off-street parking and off-street loading areas, refuse and
service areas and required yards and other spaces;
[2]
Plans showing proposed locations for utilities
hookups;
[3]
Plans for screening and buffers, with references
to type, dimensions and character;
[4]
Proposed landscaping;
[5]
Proposed signs and lighting including type,
dimension and character;
[6]
A legal description of the entire property encompassing
the special exception or variance;
[7]
A narrative description of the total project
in sufficient detail to provide an understanding of the nature of
the development proposal and a statement describing how the requested
special exception and/or variances meet the standards for approval.
(3)
Procedure.
(a)
Application materials for any of the petitions
prescribed herein may be obtained at the Urban Planning and Codes
Department Codes office. Staff is available to answer applicants'
questions. Upon receiving a complete application, the Zoning Official
shall review it for sufficiency and completeness. Once deemed sufficient
and complete, the request is scheduled for the next available hearing
date. An on-site review is performed and a staff report is written
that includes all relevant information and recommended conditions
if the request is approved. The applicant, or the applicant's representative
must be present at the public hearing to present the request and answer
any questions the ZHB may have.
(b)
The ZHB will then make a decision based upon
the facts presented at the public hearing. The applicant will receive
written notification of the ZHB decision as soon as possible thereafter.
In addition, whenever the ZHB approves a variance or special exception,
a document is recorded in the Coatesville Urban Planning and Codes
Department property file stating the approval, petition number, legal
description and the name and address of the applicant.
(4)
Notice of public hearing.
(a)
All actions of the ZHB are preceded by a public
hearing. Upon receipt of an application, a hearing date is set. Generally,
two types of notice are given prior to a public hearing:
[1]
Legal advertisement giving notice of the request
is published in a newspaper of general circulation in Chester County.
This legal advertisement must contain a description of the request,
a description of the subject property, and the time, date and location
of the public hearing. All interested persons are invited to appear
and be heard.
[2]
Written notice containing the same information
appearing in the legal advertisement is mailed to all persons owning
property within 200 feet of the subject property, excluding right-of-way,
at least 15 days prior to the public hearing. These notices are sent
to the property owners shown on the latest available tax rolls. Notice
is considered to have been given when placed, postage paid, in the
United States mail.
No action shall be taken on any application for any special exception, conditional use, variance, validity challenge, curative amendment, petition for a zoning change or appeal until all application fees, charges and expenses have been paid in full, in accordance with Chapter 108, Fees, of the Code of the City of Coatesville.
A.
Violations. Failure to secure the appropriate permits
in accordance with this article shall be a violation of this chapter.
It shall also be a violation of this chapter to undertake other deliberate
actions which are contrary to the terms of this chapter or other existing
statutes.
B.
Causes of action. In case any building, structure,
landscaping or land is or is proposed to be erected, constructed,
reconstructed, altered, converted, demolished, repaired, extended,
replaced, maintained or used in violation of this chapter, the City
Council or, with the approval of the City Council, an officer of the
City or any aggrieved owner or tenant of real property who shows that
his or her property or person will be substantially affected by the
alleged violation, in addition to other remedies, may institute any
appropriate action or proceeding to prevent, restrain, correct or
abate such building, structure, landscaping or land or to prevent,
in or about such premises, any act, conduct, business or use constituting
a violation. When any such action is instituted by a landowner or
tenant, notice of that action shall be served upon the municipality
at least 30 days prior to the time the action is begun by serving
a copy of the complaint on the City of Coatesville. No such action
may be maintained until such notice has been given.
C.
Enforcement notice.
(1)
If it appears to the City of Coatesville that a violation
of this chapter has occurred, the City shall initiate enforcement
proceedings by sending an enforcement notice as provided in this subsection.
(2)
The enforcement notice shall be sent to the owner
of record of the parcel on which the violation has occurred, to any
person who has filed a written request to receive enforcement notices
regarding that parcel and to any other person requested in writing
by the owner of record.
(3)
The enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other
person against whom the City of Coatesville 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
of appeal to the Zoning Hearing Board within a prescribed period of
time in accordance with procedures set forth in the ordinance.
(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.
D.
Enforcement remedies.
(1)
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 City of Coatesville, pay a judgment of
not more than $500, plus all court costs, including reasonable attorney
fees incurred by a municipality as a result thereof.
(2)
No judgment shall commence or be imposed, levied or
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 City of Coatesville may enforce the judgment pursuant
to the applicable rules of civil procedure.
(3)
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.
(4)
All judgments, costs and reasonable attorney fees
collected for the violation of this chapter shall be paid over to
the City of Coatesville.
(5)
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.
(6)
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the municipality
the right to commence any action for enforcement pursuant to this
section.
