A.
Zoning Officer duties and powers. The provisions of this chapter
shall be administered and enforced by a Zoning Officer, who shall
be appointed by Council. It shall be the duty of the Zoning Officer
and he shall have the power to:
(1)
Receive and examine all applications for building permits and certificates
of occupancy.
(2)
Process building permits and certificate of occupancy applications
for all permitted uses.
(3)
Issue permits only where there is compliance with the provisions
of this chapter and other Borough ordinances and with the laws of
Butler County and the Commonwealth of Pennsylvania. Permits for construction
of those uses that require a variance shall be issued only on the
order of the Zoning Hearing Board or upon order of a court of competent
jurisdiction. Permits requiring approval by Council shall be issued
after receipt of written order from Council.
(4)
Receive applications for conditional uses to Council and special
use variances and forward these applications to the Zoning Hearing
Board for action thereon.
(5)
Following refusal of a permit, receive applications for interpretation
appeals and variances and forward these applications to the Zoning
Hearing Board for action thereon.
(6)
Conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter.
(7)
Issue stop, cease and desist orders and order, in writing, corrections
of all conditions found to be in violation of the provisions of this
chapter. Such written orders shall be served personally or by registered
mail upon persons deemed by the Zoning Officer to be in violation
of the terms of this chapter. It shall be unlawful for any person
to violate such order issued lawfully by the Zoning Officer. Any person
violating any such order shall be guilty of a violation of this chapter.
(8)
With the approval of Council or when directed by them, institute,
in the name of the Borough, any appropriate action or proceedings
to prevent unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use and restrain, correct or abate
such violation so as to prevent the occupancy of or use of any building,
structure or land or prevent any illegal act, conduct, business or
use in or about such premises.
(9)
Revoke any order or zoning permit issued under a mistake of fact
or contrary to the law or the provisions of this chapter.
(10)
Record and file all applications for building permits and certificates
of occupancy with accompanying plans and documents. All applications,
plans and documents shall be a public record.
(11)
Maintain a map or maps showing the current zoning districts
of all land in the Borough.
(12)
Register nonconforming structures and uses of lots in accord
with this chapter.
B.
The Planning Commission.
(1)
The Planning Commission of the Borough of Mars shall receive from
the Zoning Officer copies of all applications and amendments to this
chapter and shall make findings and recommendations thereon, after
which the Planning Commission shall forward such findings and recommendations
to the Mars Borough Council.
(2)
The Planning Commission shall recommend to the Zoning Hearing Board
the number of parking spaces to be required for uses other than those
identified elsewhere in this chapter.
(3)
The Planning Commission shall, furthermore, initiate, direct, and
review, from time to time, a study of the provisions of this chapter
and make reports of its findings and recommendations to the Borough
Council.
(4)
The Planning Commission shall create bylaws to govern its actions
and shall keep those current bylaws on file with the Borough Secretary.
(5)
The Planning Commission shall review all site plan applications and
shall make recommendations to Council for its action.
(6)
The Planning Commission shall review and shall approve all signs
greater than 12 square feet in area.
C.
The Borough Council.
(1)
The Borough Council shall have the duties of considering and adopting
or rejecting proposed amendments to or the repeal of this chapter,
as provided by law, and of establishing a schedule of fees and charges
as stated in this chapter. Under no circumstances shall the duties
of the Borough Council include hearings and deciding questions of
enforcement that may arise.
(2)
The Borough Council and all other boards and commissions of the Borough
shall hold public hearings and make decisions in compliance with the
Municipalities Planning Code of the State of Pennsylvania.[1]
[1]:
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
The Borough Council shall, from time to time, by resolution, establish
a schedule of fees, charges, and expenses, and a collection procedure,
for building permits, occupancy permits, appeals and other matters
pertaining to this chapter. The schedule of fees shall be posted in
the Borough office and shall be contained herein and may be altered
or amended only by the Borough Council.
(4)
No permit or variance shall be issued or appeal processed unless
such costs, charges, fines or expenses have been paid in full, nor
shall any action be taken on proceedings by the Zoning Hearing Board
unless or until preliminary charges or fees have been paid in full.
A.
Hereafter, no land use may be established or changed, no building
or structure may be erected, constructed, reconstructed, altered,
razed, or removed and no building or structure may be used or occupied,
or changed in use, until a zoning permit has been secured from the
Zoning Officer. In the instance where a building permit is required
and applied for, such application shall be considered for both the
building permit and the zoning permit. In those instances where no
building permit is required, an application for a certificate of occupancy
for a new or changed use of building or land shall be considered both
an application for a certificate of occupancy and the zoning permit.
B.
In the
R-1, R-2, R-3 and R-4 Districts, a certificate of occupancy is only
provided and required at the completion of permitted construction.
In these districts, a certificate of occupancy is not required due
to a change of ownership, tenant or occupant. An occupancy permit
shall not be required for apartments that are not individually metered
for utilities. An occupancy permit shall be required for all other
rental properties when a change of tenant or occupant occurs.
C.
Application and issuance of zoning permits. Application for a zoning
permit shall be made, in writing, by the owner, tenant, vendee under
contract of sale, or an authorized agent on a form supplied by the
Borough. The application shall be filed with the Zoning Officer. As
circumstances require, site plans and building plans may be required.
See § 270-79C for the site plan submission requirements.
A.
Site plan
submission and review procedures. Hereafter, except as provided herein,
no site plan shall be approved by Council except in accordance with
the procedures outlined in this section.
B.
Submission
procedure. Site plans shall be submitted to the Zoning Officer at
least 15 days prior to the first Monday of any month. The Zoning Officer
shall review all plans for adequacy of information. When all necessary
information is available, the Zoning Officer shall refer the plan
to the Planning Commission for recommendation, then to Council for
action.
C.
Submission
content. A comprehensive site plan or plans in other than R-1 and
R-2 single-family structures,
bearing the seal of a registered architect, engineer or professional
land surveyor, shall be submitted and approved prior to any building
permit request. The site plan shall be accompanied by a general map
showing the site location. The site plan shall provide the following
information as it is applicable to the individual site:
(1)
Owner and zoning district of the site.
(2)
Owner, use and zoning district of all adjacent properties.
(3)
Height, bulk and placement of all buildings.
(4)
Area, actual and required.
(5)
Scale, North arrow and date.
(6)
Tract boundary and all metes and bounds.
(7)
Road access, public and private internal roads and walks.
(8)
Grades, existing and proposed.
(9)
Drainage, existing and proposed.
(10)
Utilities, existing and proposed.
(11)
Wooded areas.
(12)
Floodplains (twenty-five-, fifty-, and one-hundred-year).
(13)
Soil characteristics.
(14)
Erosion and sedimentation controls.
(15)
Yard depths and widths.
(16)
Parking areas, paving types and loading berths.
(17)
Signs.
(18)
Site illumination and illumination areas.
(19)
Landscaping.
(20)
Screening.
(21)
Open space and recreational areas.
(22)
Plans of the proposed structures.
(23)
Description of industrial or commercial operations.
D.
Approval
procedure. The Zoning Officer shall review all site plans for adequacy
of information. Whenever the Council deems it necessary, the applicant
shall be required to submit a cash escrow for an independent review
of the site plan to ensure the plans comply with this chapter or other
applicable requirements. The escrow shall be in an amount to cover
the actual independent review fee only, and an accounting of disbursements
shall be given to the applicant. When all necessary information is
available, the Zoning Officer shall refer the site plan to the Planning
Commission for its review. A recommendation shall then be made to
the Council for its action.
E.
Submission
requiring a variance. If a proposed site plan requires the granting
of a variance, as well as site plan approval, the review by the Planning
Commission shall precede the hearing on the variance, since changes
made as the result of the Planning Commission review may affect the
need for a variance. Action taken by the Zoning Hearing Board shall
precede action by Council on the site plan.
F.
Submission
requiring a special exception. If a proposed site plan requires the
approval of a special exception, as well as site plan approval, the
hearing on the special exception shall precede the review of the site
plan by the Planning Commission.
G.
Revised
site plan submission. Any approved site plan that has been substantially
altered or revised shall be reapproved in the same manner as it was
originally approved. If a previously approved site plan is revised,
and the revisions are minor, the Zoning Officer, with the concurrence
of the Chairman of the Planning Commission, may approve the revised
site plan.
The building code shall be adopted by separate ordinance of
the Borough.[1]
[1]:
Editor's Note: See Ch. 107, Construction Codes, Uniform.
A.
A certificate of occupancy shall be obtained every time a tenancy
or use in any building in any zoning district changes.
B.
A certificate of occupancy shall be issued once the project is substantially
complete. That is the point in which all of the work is essentially
complete and only cosmetic work is to be finished. In no case shall
a certificate of occupancy be issued when items injurious to the health
and welfare of the public or the occupants remain to be completed.
Fees are to be assigned by resolution of Council and shall be
charged for each certificate of occupancy issued by the Borough.
