[Ord. 560, 6/11/1996, Art. XV, § 1]
1. The provisions of this chapter shall be interpreted and applied so
as to be the minimum requirements for the promotion of the health,
safety, welfare and morals of the citizens of the Borough of West
Homestead.
2. Where the conditions imposed by any provision of this chapter upon
uses of land or structures are either more restrictive or less restrictive
than comparable conditions imposed by any other provisions of the
ordinance, or of other applicable law, municipal ordinance, rule,
BOCA code, or regulation of any kind, the regulations which are more
restrictive shall govern.
3. This chapter is not intended to abrogate any easement, covenant,
or other private agreement. Provided, that where the regulations of
this chapter are more restrictive than such easements, covenants,
or other private agreements, the requirements of this chapter shall
govern.
4. No structure shall be erected, converted, or altered, nor shall any
structure or land be used except for a purpose permitted in the use
district in which the structure or land is located, except as permitted
provided. No structure shall be erected, enlarged. Or altered, except
in conformity with the area regulations, minimum yard requirements,
performance standards and minimum off-street parking space requirements
of this chapter for the district in which such structure is located.
5. Any person, partnership, or corporation found to have violated any
of the provisions of this chapter shall be notified by the Zoning
Officer, in writing, of the nature of the violation and the action
necessary to correct it. Procedures shall be in accordance with the
provisions of the MPC.
6. All applications for a variance, special exception, amendment, conditional
use, permit, or any other permit, application or certificate within
the scope of this chapter shall be made on printed forms provided
by the Borough of West Homestead. Any such application shall contain
accurate information as to size and location of structures on the
lot, the dimensions of all yards and open spaces, the sections of
this chapter applicable to the request, and such other information
as may be necessary to provide for the enforcement of this chapter.
A file of all such applications shall be kept in the Borough Secretary's
Office.
7. General Administration. The duty of administering the provisions
of this chapter is conferred upon the Zoning Officer, the Planning
Commission, the Borough Council, and the Zoning Hearing Board.
[Ord. 560, 6/11/1996, Art. XV, § 2]
1. Powers and Duties. The Zoning Officer shall:
A. Administer and enforce this chapter.
B. Issue or authorize the issuance of all building permits, and make
and maintain records thereof.
C. Issue or authorize the issuance of all certificates of use, occupancy,
and compliance, and make and maintain records thereof.
D. Conduct or authorize inspections of buildings, structures and uses
of land to determine compliance with the provisions of this chapter,
and make and maintain records thereof.
E. Maintain permanent and current records of this chapter, including
but not limited to, all maps, amendments, special exceptions, variances,
non-conforming uses, conditional uses, appeals, and applications for,
and records of, hearings thereon.
F. Provide and maintain public information relative to all matters arising
out of this chapter.
G. Receive, file and forward all applications or appeals requiring action
by the Zoning Hearing Board.
H. Prepare and maintain a list and description of all legally nonconforming
lots, uses, signs, and structures.
I. Provide written notifications of violations of this chapter, as prescribed
in this Part.
J. Receive complaints from residents regarding alleged violations of
this chapter. The Zoning Officer shall, whenever practical, act on
a complaint within three business days, and shall keep records of
complaints, as well as action taken on them.
K. Forward applications for conditional uses and proposed amendments
to the Planning Commission and to Council.
2. Appeals (of an Administrative Determination or Interpretation). Any appeal of an administrative action of the Zoning Officer shall be made to the Zoning Hearing Board within 30 days of such action, in accordance with Part
16 of this chapter. The Zoning Officer shall immediately transmit to the Zoning Hearing Board all of the papers constituting the record upon which the appeal is based.
[Ord. 560, 6/11/1996, Art. XV, § 3]
1. The Planning Commission is hereby vested with the following jurisdiction
and authority:
A. To receive copies of all applications for amendments and conditional
uses, to make findings and recommendations thereon, and to forward
such findings and recommendations to the Council.
B. To initiate, direct, and review, from time to time, a study of the
provisions of this chapter, and to make reports of its findings and
recommendations to the Council no less frequently than annually.
C. To supply information to the Zoning Officer as required in this chapter.
D. To receive rezoning applications under the provisions of Part
16 and other applicable provisions of this chapter, to review such applications and to make recommendations to Council as to approval, approval subject to conditions or denial.
[Ord. 560, 6/11/1996, Art. XV, § 4]
1. The Council of the Borough of West Homestead hereby retains and vests
with itself the following jurisdiction and authority:
A. To receive from the Planning Commission recommendations as to applications
for conditional uses and rezoning requests.
B. To approve, approve subject to conditions, or deny applications for
site plan approval, conditional uses and rezoning within the time
period provided for in the Municipalities Planning Code.
C. To conduct public hearings on applications for site plan approval,
conditional uses, and rezoning if warranted.
[Ord. 560, 6/11/1996, Art. XV, § 5]
1. Building Permits; General.
A. Before the use of any land, or the erection, alteration or enlargement
of any structure in any use district begins a building permit shall
have been applied for and shall have been issued.
B. No building permit shall be issued by the Zoning Officer unless the
building activity is in strict conformity with the provisions of this
chapter, except after a written order from the Zoning Hearing Board
or Council. Any building permit issued which does not comply with
these requirements is not lawful and is null and void.
C. If the work described in any building permit has not been substantially
completed within two years of the date of issuance, the permit shall
expire and be cancelled by the Zoning Officer. Written notice of cancellation
shall be given to the property owner by the Zoning Officer within
seven days of cancellation, together with notice that further work,
as described in the cancelled permit, shall not proceed unless and
until a new building permit has been obtained.
D. Any building permit may be revoked and withdrawn by the Zoning Officer
if the officer finds that the permit holder has failed to comply with
the conditions under which the permit was issued.
E. Recipients of building permits must comply with § 27-1110.6,
"prohibited obstructions," and are responsible for keeping the construction
site free of rubbish and debris at all times, and are responsible
for the collection of rubbish and debris on adjacent properties and
right-of-ways where such material is generated by the activity covered
by the permit.
2. Building Permits; Application.
A. An application for a building permit in any use district shall be
accompanied by the following information. No application shall be
deemed to have been filed until all required information is submitted
and is of a form and content satisfactory to the Zoning Officer.
(1)
A plot plan of the lot showing the location of all present and
proposed buildings, drives, parking lots, and other construction features
on the lot; and in residential multi-family, commercial and RDD districts
showing all buildings, streets, alleys, highways, streams and other
topographical features outside the lot and within 50 feet of any lot
line. However, a plot plan shall not be required unless permission
is requested to erect a new structure or to enlarge the ground floor
area of an existing structure.
(2)
The Zoning Officer may waive the requirement of a plot plan
in a residential district or use, where a plot plan is not deemed
by the Zoning Officer to be necessary and where the submission would
pose an undue burden upon the applicant.
(3)
A general description of the proposed use.
(4)
Architectural plans for any proposed structure.
(5)
Any other data, evidence or statements, and any reasonable number
of duplicates of same that the Zoning Officer may require.
B. The Zoning Officer shall act upon an application within 30 days after
the filing of the application. Failure to act within this time shall
be deemed approval of the application, and in such case, the Zoning
Officer shall issue the permit.
C. In acting upon an application for a building permit for a structure
or land use, the Zoning Officer shall assure himself that all of the
requirements of this chapter are met and that all of the standards
and limitations established by this Part shall be observed. In approving
an application, the Zoning Officer may require such changes in plans
for land use, buildings, or operation, as may be necessary to assure
compliance with this chapter.
[Ord. 560, 6/11/1996, Art. XI, § 6; as amended
by Ord. 631, 3/13/2007, § 1]
1. Necessity of Obtaining Certificates.
A. It shall be unlawful to use, occupy, or permit the use or occupancy
of any building, land, or premises, or part thereof hereafter created,
erected, altered in its structure, or enlarged in its use, until a
certificate of use, occupancy, and compliance shall have been issued
therefor by the Zoning Officer, stating that the proposed use of the
land, building, or premises conforms to the requirements of the grading
and zoning ordinances and the building and fire codes.
2. Application for Certificate.
A. Every application for a building permit shall be deemed to be an
application for a certificate of use, occupancy, and compliance, except
for building permit applications for swimming pools, window replacement,
single-family residential storage sheds, gutters and down spouts,
new siding, and other minor repairs to existing structures, as determined
by the Zoning Officer.
B. The applicant, in all cases, shall be the owner, or a duly authorized
representative of the owner. In the case of a change in ownership
of the property, the applicant may be the current owner or the proposed
new owner. In the case of a change of tenants, the applicant shall
be the owner, and the owner shall provide the names and any other
information deemed necessary to clearly identify the proposed new
tenants.
3. Inspections.
A. The applicant for a certificate required by Subsection
1 shall notify the Zoning Officer of the date on which such construction, erection, structural alteration, or enlargement of use shall have been completed in conformity with the provisions of this chapter, and the Zoning Officer shall inspect or authorize the inspection of the building or structure involved within 10 days of such notice.
B. An inspection for the purpose of determining whether a certificate required by Subsection
1 should be issued shall extend only to the immediate area upon which such construction, erection, structural alteration, or enlargement of use took place, and to such appurtenant areas as are reasonably necessary to determine whether the grading, zoning, building and fire codes and/or ordinances have been complied with.
C. The applicant for a certificate required by Subsection
2 shall notify the Zoning Officer of the date upon which such change of tenants or occupants shall take place, and the Zoning Officer shall inspect the building or structure involved within 10 days of such notice.
4. Issuance of Certificates:
A. A temporary certificate of use, occupancy and compliance may be issued
by the Zoning Officer for a period not to exceed one month during
alterations or partial occupancy of a building pending its completion,
provided such temporary certificate may require such conditions and
safeguards as will protect the safety of the occupants and the public.
B. Upon inspection of land, building, or premises to determine whether or not a certificate of use, occupancy, and compliance, required by Subsection
1, shall be issued, if the Zoning Officer finds that such construction, alteration, or erection is in accordance with this chapter, a certificate of use, occupancy and compliance shall be issued. Written notice shall be given to the applicant stating why a certificate cannot be issued when the Zoning Officer finds that such construction, alteration, or erection is not in accordance with this chapter.
C. Upon inspection of the land, building, of premises to determine whether or not a certificate of us, occupancy and compliance, required by Subsection
2, shall be issued, if the Zoning Officer finds that this chapter has been complied with, a certificate of use, occupancy, and compliance shall be issued. Written notice shall be given to the applicant stating why a certificate cannot be issued when the Zoning Officer finds that the land, building or premises is not in compliance with this chapter.
5. Revocation, Suspension or Expiration. A certificate of use, occupancy,
and compliance may be revoked or suspended by the zoning office if
the Zoning Officer finds that the holder of the certificate has failed
to comply with conditions attached of the issuance of the certificate,
or if the Zoning Officer finds that the land, building or premises
is not in compliance with the requirements to this chapter. A certificate
of use, occupancy, and compliance shall expire if the use or occupancy
for which said certificate was issued ceases for a period of 12 consecutive
months.
[Ord. 560, 6/11/1995, Art. XV, § 7]
1. Whenever the public necessity, convenience, or general welfare indicates,
Council may, on its own initiative, amend, supplement, change, modify,
or repeal this chapter, or any part thereof, by proceeding in the
manner prescribed in §§ 607-610 of the MPC.
2. In cases where private landowners or others with an equitable interest
in the land questions application for an amendment or curative amendment,
the manner prescribed in §§ 607-610 of the MPC shall
be followed. In addition, the following shall be included in an application
for:
A. Completed form approved by the Borough.
B. Nine copies of the legal description of the property to be rezoned.
C. Nine copies of survey or plot plan.
D. Nine copies of letter of intent, describing the applicant's proposed
development, or purpose for rezoning.
E. Nine copies of the proposed site plan depicting the nature of site
development.
3. Whenever the planning commission is directed by Council to do so,
the planning commission shall hold at least one public hearing on
proposed amendments pursuant to the public notice requirements, as
stated above. The planning commission shall invite testimony from
the residents, parties in interest, experts, or municipal officials,
at the planning commission hearing on any proposed amendment.
4. Upon the completion of the hearings, the planning commission shall
present the proposed amendments along with it's recommendation(s)
and explanatory materials to Council within 30 days of the conclusion
of the hearings.
5. If, after a public hearing held by Council, the proposed amendment
is revised to include land previously not affected by it, Council
shall hold another public hearing pursuant to public notice.
6. Whenever the owners of more than 50% of the frontage in any area
where a change is sought, shall present to Council a petition requesting
an amendment, including a repeal of a provision of this chapter, or
of the zoning map including such area, Council shall hold a public
hearing on the request pursuant to public notice.
7. If a petition for an amendment is denied by Council after public
notice and public hearing, no subsequent petition shall be accepted
which involves the same amendment affecting the same property, or
any part thereof, until after the next scheduled written review of
this chapter by the commission, but in no case shall such a petition
be resubmitted for at least six months after final action on the petition
by Council.
[Ord. 560, 6/11/1995; as added by Ord. 603, 8/10/2004]
1. The provisions of this chapter shall be enforced by the Zoning Officer in accordance with §
27-1502.
2. Upon receipt of a complaint of a violation or violations of this
chapter, or upon taking actual notice of same, the Zoning Officer
shall investigate the violation(s) and, if violation(s) are found,
shall issue a "notice of violation and compliance order" (NOV/CO),"
in writing, to the property owner(s) and, if applicable, the tenant(s),
occupant(s) or lessee(s) of the property in question that violations
exist, which the NOV/CO shall:
A. State the violation(s) with reference to specific sections of this
chapter.
B. State the required corrective actions to be undertaken.
C. State the required time period or deadline for correction, abatement,
elimination or remediation of the violation(s).
D. State appeal procedures as provided for in this chapter.
3. The NOV shall be served on the property owner, tenant, occupant or
lessee by:
A. Certified mail, return receipt requested and first class mail.
B. Personal hand delivery by the Zoning Officer, who shall make a notation
of the date delivered.
C. Posting a copy of the NOV/CO at the property.
For NOV/COs sent by certified mail, the date of receipt as indicated
on the return card shall constitute actual receipt.
|
In the case where mailing(s) are returned as "undeliverable"
or "unable to forward" or "addressee unknown" or similar markings,
the Zoning Officer shall post the property, the date of which shall
be deemed to constitute receipt.
|
4. If, after the time for correction, abatement, elimination or remediation
of the violation(s) has passed and the violation(s) still exist, the
Zoning Officer shall file a citation with the District Magistrate.
5. The penalty for violation(s) of this chapter shall be $100 per day
per violation, with each day counted as a separate violation, plus
the actual costs incurred by the Borough in connection with inspection,
documentation, notification and prosecution of the violation(s).
6. The number of days for calculating the penalty for violations shall
be measured from the date of actual or deemed receipt of the NOV/CO
by the property owner, tenant, occupant or lessee.