It shall be the duty of a Zoning Officer, appointed
by Borough Council, to enforce the provisions of this chapter. The
Zoning Officer shall examine all applications for permits, issue permits
for construction and uses which are in accordance with the requirements
of this chapter, record and file all applications for permits with
accompanying plans and documents and make such reports as the Borough
Council may require. Permits for construction and uses which are conditional
uses shall be issued only upon written order of the Borough Council.
Permits for construction, and uses which are a special exception or
a variance to requirements of this chapter, shall be issued only upon
written order of the Zoning Hearing Board. The Zoning Officer shall
administer this chapter in accordance with its literal terms and shall
not have the power to permit any construction or any use or change
of use which does not conform to this chapter.
A.
Requirements of permits. A building and/or zoning
permit shall be required prior to the erection, addition, or alteration
of any building or portion thereof (including accessory buildings
of 100 square feet or more in size), prior to the use or change in
use of a building or land, and prior to the change or extension of
a nonconforming use. It shall be unlawful for any person to commence
work for the land use until a permit has been duly issued therefor.
No zoning permit and/or building permit shall be required in cases
of normal maintenance activities (painting, replacement of siding
or new roofing), minor repairs or alterations which do not structurally
change a building, structure or change the use. Accessory uses not
involving new construction or which are less than 100 square feet
in size and portable shall also be exempt, but fences and other accessory
structures permanently affixed shall require permits. In the case
of accessory uses and building attachments, however, this shall not
exempt one from otherwise conforming with the requirements of this
chapter.
B.
Applications for permits. All applications for permits shall be accompanied by plot sketch in duplicate, drawn to show the actual shape and dimensions of the lot to be built upon, the exact size and location of any buildings existing on the lot, the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of each building or part of a building, the number of families or dwelling units the building is designed to accommodate, and such information as may be necessary to determine compliance with this chapter and all other pertinent ordinances. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied. Applications for uses, which also necessitate approvals under Chapter 183, Subdivision and Land Development, shall be processed in the manner provided for plat approval under that Chapter 183. Such applications shall also contain all information or data normally required for a submission under Chapter 183, Subdivision and Land Development. A zoning permit shall not be issued until the proposed use has been granted a preliminary approval under Chapter 183, Subdivision and Land Development.
C.
Issuance of permits. No permit shall be issued until
the Zoning Officer has certified that the proposed building, addition
or alteration complies with all the provisions of this chapter. A
permit issued hereunder shall become void 12 months after the issuance
date if no activity has taken place.
D.
Temporary permit. A temporary permit may be authorized
by Borough Council for a nonconforming structure or use which it deems
necessary to promote the proper development of the community, provided
that such nonconforming structure or use shall be completely removed
upon expiration of the permit for a specified period of time not to
exceed one year and may be renewed annually for an aggregate period
not exceeding three years.
A.
It shall be the responsibility of the applicant to
pay for all costs incurred by the Borough for the review and processing
of applications filed for approval under this chapter, which include,
but are not limited to, reasonable office expenses, advertising, stenographer
services, mailings, professional reviews, county reviews, or property
posting.
B.
Borough Council shall establish a schedule of fees
and collection procedures for zoning permits, special permits, and
other permits as required by this chapter. Said schedule of fees shall
be posted in the office of the Borough Secretary.
C.
Permits, special exceptions, conditional uses, variances,
and other approvals required by this chapter will not be issued until
fees have been paid in full, and the Zoning Hearing Board shall take
no action on appeals until preliminary charges have been paid in full.
Inspection by the Zoning Officer. It shall be
the duty of the Zoning Officer, or his duly appointed representative,
to make the following minimum number of inspections on property for
which a permit has been issued:
A.
At the beginning of construction: A record shall be
made indicating the time and date of the inspection and the finding
of the Zoning Officer in regard to conformance of the construction
with plans submitted with the application for the building. If the
actual construction does not conform to the application, a written
notice of the violation shall be issued by the Zoning Officer, and
such violation shall be discontinued. Upon proper correction of the
violation and receipt of written notice from the Zoning Officer, construction
shall proceed.
B.
At the completion of construction: A record shall
be made indicating the time and date of the inspection; the findings
of the Zoning Officer in regard to the issuance of certificate of
use permit.
A.
A certificate of use shall be a statement issued by
the Zoning Officer setting forth either that a building, structure
or parcel of land complies with the provisions of this chapter, or
that a building or structure lawfully may be employed for specified
uses under the provisions of this chapter, or both.
B.
No vacant land shall be occupied or used, and no structure
or part of a structure hereafter erected, structurally altered, or
changed in use shall be occupied or used, until a certificate of use
shall have been issued therefor by the Zoning Officer.
C.
A certificate of use, either for the whole or part
of a new building or for the alteration of an existing building, shall
be applied for coincidentally with the application for a building
permit, and shall be issued within 15 days after the erection or alteration
of such building, or part, shall have been completed in conformity
with the provisions of this chapter.
D.
A certificate of use for the use or occupancy of vacant
land or for a change in the use of land, or for a change in the use
of an existing building, shall be applied for and issued before any
such land shall be occupied or used or such land or building is changed
in use, and such certificate shall be issued within 15 days after
application has been made, provided such proposed use is in conformity
with the provisions of this chapter.
E.
A certificate of use for changing or extending a nonconforming
use, existing at the time of the passage of this chapter or of an
amendment thereto, shall be applied for and issued before any such
nonconforming use shall be changed or extended. Such certificate shall
be issued within 15 days after application has been made, provided
such proposed change or extension is in conformity with the provisions
of this chapter.
F.
A record of all certificates of use shall be kept
on file in the administrative offices of the Borough, and a copy shall
be furnished on request to any person having a proprietary or tenancy
interest in the building or land affected.
Failure to comply with any provision of this
chapter, failure to secure or comply with a decision of Borough Council
or Zoning Hearing Board, or the failure to secure a permit, when required,
prior to or (when ordered) after the erection, construction, extension,
or addition to a building, or prior to or after the use or change
of use of land, or failure to secure a certificate of use permit shall
be violations of this chapter. Enforcement notices will be sent or
personally delivered by the Zoning Officer 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. The enforcement notice shall set forth the information
as provided for in 53 P.S. § 10616.1, as from time to time
amended. An aggrieved owner shall have 20 days from the date of mailing
of the notice or personal delivery of the enforcement notice to appeal
the same to the Zoning Hearing Board. Failure to appeal to the Zoning
Hearing Board shall be deemed an admission of the violations documented
in the enforcement notice.
It shall be unlawful to erect, construct, reconstruct,
alter and maintain or use any building or structure, or to use any
land in violation of any provisions of this chapter or amendment thereto.
Enforcement remedies shall be processed and permitted as set forth
in 53 P.S. § 10617.2, as may be amended from time to time.
In case any building, structure, or land is, or is proposed to be,
erected, constructed, reconstructed, altered, converted, maintained
or used in violation of any ordinance, the Borough Council or, with
the approval of the Borough Council, an officer of the Borough, in
addition to other remedies, may institute in the name of the Borough
any appropriate action or proceeding to prevent, restrain, correct,
or abate such building, structure, or land, or to prevent in or about
such premises any act, conduct, business or use constituting a violation.
The following section is written with respect
to the processing of conditional uses but shall be equally applicable
to special exceptions, excepting the Honesdale Zoning Hearing Board
shall, in the latter instance, be responsible for those actions assigned
to the Borough Council under the conditional use procedure. The Zoning
Hearing Board shall carry out such responsibilities pursuant to the
Pennsylvania Municipalities Planning Code.[1]
A.
Uses specified as conditional uses under district
regulations shall be permitted only after public notice, review by
the Honesdale Borough Planning Commission; and approval by the Honesdale
Borough Council, pursuant to the express standards and criteria set
forth below. The Borough Council shall hold public hearings for conditional
use applications.
[Amended 11-1-2021 by Ord. No. 709]
(1)
The proposed use shall be in harmony with purposes, goals, objectives
and standards of the Honesdale Borough Comprehensive Plan, this chapter,
and all other ordinances of Honesdale Borough.
(2)
The proposed use at the proposed location shall not result in a substantial
or undue adverse effect on adjacent property, the character of the
neighborhood, traffic conditions, parking, public improvements, public
sites or rights-of-way, or other matters affecting the public health,
safety and general welfare, either as they now exist or as they may
in the future be developed as a result of the implementation of the
Comprehensive Plan, this chapter, or any other plan, program, map
or ordinance of Honesdale Borough or other government agencies having
jurisdiction to guide growth and development.
(3)
The proposed use shall not impose an undue burden on any of the improvements,
facilities, utilities and services of the Borough, whether such services
are provided by the Borough or some other agency. The applicant shall
be wholly responsible for providing such improvements, facilities,
utilities or services as may be required to adequately serve the proposed
use when the same are not available or adequate to service the proposed
use in the proposed location. As part of the application and as a
condition to approval of the proposed conditional use permit, the
applicant shall be responsible for establishing ability, willingness
and binding commitment to provide such improvements, facilities, utilities
and services in sufficient time and in a manner consistent with this
chapter and other ordinances of Honesdale Borough. The permit approval
shall be so conditioned.
(4)
No application for issuance of a conditional use permit shall be approved unless the Planning Commission and Borough Council shall find that, in addition to complying with each of the standards enumerated above, any of the applicable standards contained in §§ 210-9, 210-10, and Article IV, as well as other portions of this chapter, shall be met. In instances where the standards contained herein do not adequately protect the general health, safety and welfare of parties affected, the Borough shall be obligated to impose such conditions in issuance of a permit. Conditions which might be imposed shall include (but not be limited to) provisions for additional parking, traffic control, submission of landscaping plans, setbacks, special measures addressing sales/period activities and other measures which can be effectuated to remove any potential adverse influence the use may have on adjoining uses.
C.
Upon determining an application for a specific use
could only be granted as a conditional use under the terms of this
chapter, the Zoning Officer shall forward a copy of said application,
along with the required supporting data, to the Honesdale Borough
Planning Commission. The Planning Commission shall review the application
within 30 days following its next regular meeting and may hold a public
hearing to receive comment on the proposed use. The hearing shall
be advertised twice in a newspaper of general circulation. The advertising
shall be done not more than 30 days and no less than seven days prior
to the hearing. A record of the hearing shall be maintained but need
not be taken in stenographic form.
D.
The Planning Commission shall report its findings,
together with a recommendation indicating whether the criteria listed
above and any applicable performance standards have been met. Upon
receipt of a conditional use application and the recommendation of
the Planning Commission, Borough Council shall decide to grant or
deny the application, such decision being made solely with respect
to the above-mentioned criteria. If the application is granted, Borough
Council shall direct the Zoning Officer, in writing, to issue a permit
for the same. If the application is denied, the applicant shall be
notified within 15 days of the action in person or by certified mail
and the reason for the action.
E.
When an application for either a special exception or a conditional use has been filed with either the Zoning Hearing Board or Borough Council, as relevant, and the subject matter of such application would ultimately constitute either a land development or a subdivision as defined in Chapter 183, Subdivision and Land Development, no change or amendment of the Zoning, Subdivision or other governing ordinance or plans shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. Provided, further, should such an application be approved by either the Zoning Hearing Board or Borough Council, as relevant, applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six months or as may be approved by either the Zoning Hearing Board or the Borough Council following the date of such approval in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed before either the Zoning Hearing Board or Borough Council, as relevant. If either a land development or subdivision plan is so filed within said period, such plan shall be subject to the provisions of Chapter 183, Subdivision and Land Development, and specifically to the time limitation, which shall commence as of the date of filing such land development or subdivision plan.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
Borough Council shall appoint a Zoning Hearing Board,
which shall have the number of members of such powers and authority
as set forth in Article IX of the Pennsylvania Municipalities Planning
Code as enacted or hereafter amended.[1] The duties of the Zoning Hearing Board shall be limited
to the following:
[Amended 11-1-2021 by Ord. No. 709]
(1)
Substantive challenges to the validity of any land use ordinance
except those brought before the governing body.
(2)
Appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit, or failure
to act on the application therefor, the issuance of any cease-and-desist
order or the registration of or refusal to register any nonconforming
use, structure or lot.
(3)
Appeals from a determination by a Municipal Engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within a land use ordinance.
(4)
Applications for variances from the terms of this chapter and Chapter 112, Floodplain Management, or such provisions within a land use ordinance.
(5)
Applications for special exceptions under this chapter or Chapter 112, Floodplain Management, or such provisions within a land use ordinance.
(6)
Appeals from the determination of any officer or agency charged with
the administration of any transfers of development rights or performance
density provisions of this chapter.
(7)
Appeals from the Zoning Officer's determination.
(8)
Appeals from the determination of the Zoning Officer or Municipal
Engineer in the administration of any land use ordinance or provision
thereof with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to development.
[1]
Editor's Note: See 53 P.S. § 10901
et seq.
B.
The Zoning Hearing Board shall not, under any circumstances,
have the authority to order any specific change in or amendment to
the Zoning Map or to allow any use of property substantially different
from those permitted under the Schedule of Use Regulations[2] for the particular district.
C.
In all its actions, the Zoning Hearing Board shall
follow procedures as provided in Article IX and X-A of the Pennsylvania
Municipalities Planning Code, as amended.[3] The Board may, pursuant to the Municipalities Planning
Code, promulgate rules and regulations governing its proceedings.
[3]
Editor's Note: See 53 P.S. §§ 10901
et seq. and 11001-A et seq.
[Amended 12-9-2019 by Ord. No. 698]
A.
Appeals. An appeal of this chapter, appeal of the decision of the
Zoning Officer, request for special exception or request for variance
shall be made in writing to the Chairman of the Zoning Hearing Board
and shall state:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the real estate to be affected
by such proposed special exception, or variance.
(3)
A brief description and location of real estate to be affected by
such proposed change.
(4)
A statement of the present zoning classification of the real estate
in question, the improvements thereon, and the present use thereof.
(5)
A statement of the section of this chapter under which the variance,
or special exception requested, may be allowed, and reasons why it
should be granted.
(6)
Any reasonably accurate description of the present improvements,
and the additions intended to be made under this application, indicating
the size of such proposed improvements, material, and general construction
thereof. In addition, there shall be attached a plot plan of the real
estate to be affected, as required to accompany applications for building
permits, indicating the location and size of the lot, and size of
improvements now erected and proposed to be erected thereon.
B.
Applications outside of Zoning Hearing Board jurisdiction. If the
Zoning Hearing Board finds the appeal or request outside its scope
of jurisdiction, it shall return the application for the same to the
Zoning Officer for proper processing. Appeals shall otherwise be processed
in conformance with the requirements of Article X-A of the Pennsylvania
Municipalities Planning Code.
C.
Notices of applications for conditional uses, special exceptions
and zoning appeals. Notices shall be required to be given by the petitioner,
in the case of all variances, special exceptions, conditional uses,
zoning changes, interpretations or other appeals, to all owners of
property within 200 feet of the nearest line of the property, which
distance may, at the discretion of the Borough Council or Zoning Hearing
Board, be increased to as much as 500 feet where the project is nonresidential
and is of such scope as to have potential for significant noise, traffic
or environmental impacts beyond 200 feet. Said notice is to be given
by regular mail or postcard or by personal service to each and every
owner at their last known address, with a list of property owners
to whom the notice has been delivered being provided in the form of
a notarized affidavit. Attendance at a hearing shall be considered
evidence of adequate notice.
A.
The Zoning Hearing Board shall have the right to authorize
such variances from this chapter as are permitted under the Pennsylvania
Municipalities Planning Code.[1] The Board may grant a variance, provided the following
findings are made, where relevant, in a given case:
(1)
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical or other physical conditions peculiar
to the particular property, and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or district
in which the property is located;
(2)
That because of such physical circumstances or conditions,
there is no possibility that the property can be developed in strict
conformity with the provisions of this chapter and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property;
(3)
That such unnecessary hardship has not been created
by the appellant;
(4)
That the variance, if authorized, will not alter the
essential character of the neighborhood or district in which the property
is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, nor to be detrimental to
the public welfare; and
(5)
That the variance, if authorized, will represent the
minimum variance that will afford relief and will represent the least
modification possible of the regulation in issue.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
C.
This authority shall not include the right to grant
a use variance that would, in fact, alter the Zoning Map and thus
constitute a rezoning.
B.
A landowner who desires to challenge on substantive
grounds the validity of an ordinance or map or any provision thereof,
which prohibits or restricts the use or development of land in which
he has an interest, may submit a curative amendment to the governing
body with a written request that his challenge and proposed amendment
be heard and decided on as provided in 609.1, 609.2 and 916.1 of the
Pennsylvania Municipalities Planning Code, as enacted and hereinafter
amended.[2]
[2]
Editor's Note: See 53 P.S. §§ 10609.1,
10609.2 and 10916.1.
The provisions of this chapter shall be severable,
and if any of its provisions shall be held to be unconstitutional,
the validity of any of the remaining provisions of this chapter shall
not be affected. It is hereby declared as the Borough Council's intention
that this chapter would have been adopted had such unconstitutional
provision not been included therein.
