The requirements and provisions of this Article XVIII shall apply to the administration and enforcement of this chapter.
The provisions of this chapter shall be administered and enforced
by a Zoning Officer, who shall be appointed by, and be responsible
to, the Board of Supervisors. The Zoning Officer may be provided with
the assistance of such persons as the Board of Supervisors may direct.
The compensation of all employees shall be determined by the Board
of Supervisors.
The Zoning Officer shall have all the duties and powers conferred
by this chapter and by all of the applicable laws of the Commonwealth
of Pennsylvania. The Zoning Officer shall not issue a permit or certificate
of use and occupancy in connection with any contemplated erection,
construction, alteration, extension, replacement, demolition, relocation,
conversion or use of any building, structure, sign or land unless
it first conforms with the requirements of this chapter, all other
ordinances of the Township of Lancaster, and with the laws of the
Commonwealth of Pennsylvania.
A.
Application and permits. The Zoning Officer shall receive applications
and issue zoning permits and/or certificates of use and occupancy
for the erection, construction, alteration, extension, replacement,
demolition, relocation, conversion and/or use and occupancy of any
building, structure, sign, or land in the Township.
B.
Inspections. Before the issuance of any permit by the Zoning Officer,
all buildings, structures, signs or land and portions thereof for
which an application has been filed for the erection, construction,
alteration, extension, replacement, demolition, relocation, conversion
and/or use may be examined or caused to be examined. Thereafter, such
inspections as are required by the Township during the construction
of the work for which a permit has been issued may be made by the
Township or its agent. Upon completion of such work and before issuing
a certificate of use and occupancy, a final inspection shall be made;
and all violations of approved plans or the zoning permit shall be
noted; and the holder of the permit shall be notified of the discrepancies,
which violations or discrepancies shall be rectified before a certificate
of use and occupancy shall be issued.
C.
Complaints regarding violations. The Zoning Officer shall investigate
alleged violations of this chapter when in receipt of a signed written
complaint stating fully the cause and basis thereof. If a signed written
complaint is received, said investigation shall be completed within
30 days of said complaint. A written report of all investigations
of this chapter shall be prepared and filed by the Zoning Officer
and a copy sent to the Board of Supervisors.
D.
Official records. It shall be the duty of the Zoning Officer to maintain
and be responsible for all pertinent records on zoning matters in
the Township. These records shall include, but not be limited to,
all applications received, copies of all permits and certificates
issued, copies of orders and findings of the Zoning Hearing Board,
written complaints of alleged violations, records of all inspections
made, a Zoning Map, and all other pertinent information. The records
of the Zoning Officer shall be available for the use of the Township
government and for inspection by any interested party during normal
office hours. The Zoning Officer shall, at least annually, submit
to the Board of Supervisors a written statement of all zoning permits
and certificates of use and occupancy issued and violations and stop-work
orders recommended or promulgated.
A.
Requirements.
(1)
It shall be unlawful to commence the excavation for or the erection,
construction, alteration, extension, relocation, conversion or use
and occupancy of any building, structure, sign, fence, wall, parking
compound, driveway, access drive, or land, including an accessory
building or sign, or to commence the moving, demolition or alteration
of any building, structure, sign, fence, wall, parking compound, driveway,
access drive, or land, including an accessory building or sign, until
the Zoning Officer has issued a zoning permit for such work; provided,
however, that no zoning permit shall be required for any such construction
or alteration, the fair market value of which is less than $500 and
which would not change the use classification, provided that a zoning
permit shall always be required for any excavation or construction
work on, through or within a Township road or right-of-way.
(2)
Any excavation for or construction or erection of any building,
structure, sign, fence, wall, parking compound, driveway, access drive,
or land, including an accessory building or sign, or the commencement
of any moving or alteration of any building, structure, sign, fence,
wall, parking compound, driveway, access drive, or land, including
any accessory building or sign, shall comply with all other provisions
of this chapter and any other local, state or federal regulations,
ordinances, and laws.
(3)
No zoning permit shall be required for repairs to, and maintenance
of, any building, structure, sign or land, provided that such repairs
do not change the use, alter the exterior dimensions of the building,
structure or sign, or otherwise violate the provisions of this chapter
or other ordinances of the Township.
(4)
No zoning permit for the erection, construction, alteration,
extension, relocation, conversion or use and any occupancy of any
building, structure or land shall be issued until the developer or
landowner has submitted a certification, executed by a professional
licensed to perform such duties in the Commonwealth of Pennsylvania,
that all stormwater management facilities and related improvements
have been completed in accordance with Township specifications and
in accordance with the plan or plans approved by the Board of Supervisors
pursuant to the applicable ordinances of the Township of Lancaster.
B.
Form of application. The application for a zoning permit shall be
submitted in such form as the Zoning Officer may prescribe and shall
be accompanied by the required fee as prescribed. Application for
a zoning permit shall be made by the landowner or developer. The full
names, addresses and phone numbers of the landowner or developer,
and of the responsible officers, if the landowner or developer is
a corporate body, shall be stated in the application.
C.
Description of work. The application shall contain a general description
of proposed work and use and occupancy of all parts of the building,
structure or sign and such additional information as may be required
by the Zoning Officer. The application for the zoning permit shall
be accompanied by a plot plan of the proposed building, structure,
or sign, drawn to scale, with sufficient clarity to show the nature
and character of the work to be performed, including parking and loading
facilities, if required, location of new and existing construction,
and the distances of the same from the existing lot lines and street
right-of-way lines.
D.
Time limit for application. An application for a zoning permit for
any proposed work shall be deemed to have been abandoned six months
after the date of filing, unless during that six-month period, a zoning
permit shall have been issued, provided that reasonable extensions
of time for additional periods not exceeding 90 days each may be granted
at the discretion of the Zoning Officer.
E.
Issuance of permit. Upon receiving the application, the Zoning Officer
shall examine the same within a reasonable time after filing. If the
application or plans do not conform to the provisions of all pertinent
laws, he shall reject such application in writing, stating the reasons
therefor. The Zoning Officer shall inform the applicant of the right
of appeal to the Zoning Hearing Board in the event such application
is rejected. If satisfied that the proposed work or use conforms to
the provisions of this chapter and all other pertinent laws and ordinances
and that the certificate of use and occupancy as required herein has
been properly applied for, the Zoning Officer shall issue a zoning
permit therefor, generally within 30 days but in any case within 90
days.
F.
Expiration of permit. The zoning permit shall expire one year from
the date of issuance; provided, that the zoning permit may be extended
by the Zoning Officer upon reasonable cause shown and at his discretion
for one or two six-month periods not to exceed an additional one year.
G.
Revocation of permit. The Zoning Officer may revoke a zoning permit
or approval issued under the provisions of this chapter in case of
any false statement or misrepresentation of fact in the application
or on the plans on which the zoning permit or approval was based,
or for any other case set forth in this chapter.
H.
Posting of permit. A true copy of the zoning permit shall be kept
on the site of operations and open to inspection by the Zoning Officer
during the entire time of performance of the work and until the completion
of same as defined in the application.
A.
Payment of fees. No zoning permit shall be issued until the fees
prescribed by the Board of Supervisors pursuant to resolution shall
be paid to the Township. The payment of fees under this section shall
not relieve the applicant or holder of said zoning permit from payment
of other fees that may be required by this chapter or by any other
ordinances or law.
B.
Compliance with this chapter. The zoning permit shall be a license
to proceed with the work and should not be construed as authority
to violate, cancel or set aside any of the provisions of this chapter
or any other ordinances or law.
C.
Compliance with permit and plot plan. All work or use shall conform
to the approved application and plans for which the zoning permit
has been issued as well as the approved plot plan.
A.
When required.
(1)
It shall be unlawful to use or occupy any structure, building,
permanent sign or land or portion thereof until a certificate of use
and occupancy has been issued by the Zoning Officer. Such certificate
shall be required whenever a zoning permit is required, as well as
when there is a change in the use of any existing land, structure,
or building.
(2)
A certificate of use and occupancy shall also be obtained before
using or occupying any land, structure, or building or a portion thereof,
after approval by the Zoning Hearing Board, for a special exception
or a variance, or the grant of a conditional use.
(3)
Prior to issuing such certificate, the Zoning Officer shall
be satisfied that all provisions of this chapter and all conditions
of the Zoning Hearing Board's approval, as well as the requirements
of other Township ordinances have been satisfied.
B.
Form of application. The application for a certificate of use and
occupancy shall be in such form as the Zoning Officer may prescribe
and shall be made at the same time as the application for a zoning
permit is filed with the Zoning Officer.
C.
Description of use and occupancy. The application shall contain a
description of the intended use and occupancy of any structure, building,
sign or land or portion thereof for which a zoning permit is required
herein.
D.
Action upon application. The Zoning Officer may make a discretionary
inspection of any structure, building or sign within seven days after
notification that the proposed work that was listed under the zoning
permit has been completed. If the Zoning Officer is satisfied that
the work is in conformity and compliance with the work listed in the
issued permit and all other pertinent laws, the Zoning Officer shall
issue a certificate of use and occupancy for the intended use listed
in the approved application.
E.
Availability of certificate. The certificate of use and occupancy
for nonconforming uses, or a true copy thereof, shall be kept available
for inspection by the Zoning Officer at all times.
F.
Temporary certificate of use and occupancy. Upon request of the holder
of a zoning permit, the Zoning Officer may issue a temporary certificate
of use and occupancy for a structure, building, or land or portion
thereof before the entire work covered by the zoning permit shall
have been completed, provided that such portion or portions may be
used or occupied safely prior to full completion of the work without
endangering life or public welfare. The Zoning Officer may also issue
a temporary certificate of use and occupancy for such temporary uses
as tents, trailers and buildings on construction sites, use of land
for religious or other public or semipublic purposes and similar temporary
use or occupancy. Such temporary certificates shall be for a period
of time to be determined by the Zoning Officer; however, in no case
for a period exceeding six months. The Zoning Officer may renew such
temporary certificates for additional periods of time, which shall
not exceed six months each.
It shall be the duty of the Zoning Officer to enforce this chapter.
A.
Violation. The erection, construction, alteration, repair, demolition,
extension, replacement, relocation, conversion, and/or use and/or
occupancy of any building, structure, sign, fence, wall, parking compound,
driveway, access drive, or land, or the change of use, area of use,
percentage of use or displacement of the use of any building, structure,
sign, fence, wall, parking compound, driveway, access drive, or land
without first obtaining a zoning permit, when such permit is required
by this chapter, or the use of any building, structure, sign, fence,
wall, parking compound, driveway, access drive, or land without receipt
of a certificate of use and occupancy, or the failure to comply with
any other provisions of this chapter or any terms and conditions of
any decisions by the Zoning Hearing Board, are hereby declared to
be violations of this chapter of the Township.
B.
Enforcement notice.
(1)
If it appears to the Township that a violation of this chapter
has occurred or is occurring, the Township shall initiate enforcement
proceedings by sending an enforcement notice as provided in this section.
(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, to any other person requested in writing by the owner
of record, and to any other person against whom the Township intends
to take action. The enforcement notice shall be sent by first-class
mail and certified mail/return receipt requested. Return of the signed
return receipt card, or an unclaimed certified mailing combined with
nonreturn of the enforcement sent by first-class mail, shall constitute
a conclusive presumption that the enforcement notice recipient has
been lawfully served.
(3)
An enforcement notice shall state at least the following:
(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 the ordinance.
(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 30 days of the date of the notice
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.
C.
Causes of action. In case any building, structure, sign, fence, wall,
parking compound, driveway, access drive, landscaping or land is,
or is proposed to be, erected, constructed, altered, converted, maintained
or used in violation of this chapter, the Township or, with the approval
of the Township, an officer of the Township, or any aggrieved owner
or tenant of real property who shows that his 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. Any such notice of that
action shall be served upon the Township at least 30 days prior to
the time the action is begun by serving a copy of the complaint on
the Township. No such action may be maintained until such notice has
been given.
D.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated,
is violating, or has 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 attorneys' fees incurred
by the Township as a result thereof. 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 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 the ordinance 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 attorneys' fees collected for
the violation of this chapter shall be paid over to the Township.
(2)
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.
E.
Abatement of violation. The imposition of the penalties herein prescribed
shall not preclude the Township from instituting appropriate action
to prevent unlawful erection or construction or to restrain, correct
or abate a violation or to prevent illegal use or occupancy of any
structure, building, sign, fence, parking compound, driveway, access
drive, land or premises or to stop an illegal act, conduct business,
use or occupancy of a structure, building, sign or land in and about
any premises.
