[Ord. 1968, 9/8/2003, § 1100; as amended by Ord. No. 2219, 11/14/2022]
1.
Council shall appoint a Zoning Officer to administer this chapter.
The Zoning Officer may not hold any elective office in the Borough
and may be removed at the will of Council. Council may also designate
an employee as the Officer's deputy who shall exercise all the powers
of the Zoning Officer during his or her absence or temporary disability.
2.
The provisions of this chapter shall be administered and enforced
by the Zoning Officer in accordance with the literal terms of this
chapter and the Zoning Officer shall not have the power to permit
any use or change of use which does not conform to the provisions
hereof. Any appeal of a Zoning Officer's decision shall be taken in
the manner set forth in this chapter.
3.
In the discharge of the Zoning Officer's duties, the Zoning Officer
shall have the authority to enter, at any reasonable hour, any structure
or upon land in the Borough to enforce the provisions of this chapter.
4.
The Zoning Officer is authorized to institute civil enforcement proceedings
as a means of enforcement when acting within the scope of this chapter.
5.
The Zoning Officer may always request an advisory nonbinding opinion
from any Solicitor for the Borough or the Zoning Hearing Board, the
Borough Engineer, the Borough Planner, and the Director of Licensing
and Inspections with respect to an interpretation of this chapter.
[Ord. 1968, 9/8/2003, § 1101; as amended by Ord. No. 2219, 11/14/2022]
1.
General Rules for Interpretation of the Zoning Ordinance.
A.
Every word and clause contained herein shall be interpreted so that
effect is given to all its provisions within this chapter and no part
of this chapter will be inoperative, superfluous, void, or insignificant.
B.
Every reasonable construction of this chapter must be resorted to
in order to save this chapter, in whole or in part, from unconstitutionality
or unenforceability.
C.
If a word or phrase is defined within this chapter or any part or
section hereof, then that definition governs unless clearly negated
by the context in which it is used.
D.
All words and phrases which are not defined within this chapter or
rendered incomprehensible due to the context in which the words or
phrases are used shall be interpreted according to their ordinary
meanings which will frequently be derived from a generally accepted
dictionary (e.g., Black's Law Dictionary, Merriam Webster, The New
Oxford Dictionary of English, etc.).
E.
Specific terms and phrases prevail over more general terms and phrases
whenever a conflict exists between terms.
F.
In case of any difference of meaning or implication between the text
of any provision and any illustration, the text shall control, unless
the intent of the code is clearly otherwise.
G.
Any reference to federal laws, Pennsylvania statutes, Municipal Planning
Code, PennDOT manuals, or any other official code shall be construed
to be a reference to the most recent enactment of the particular law
or publication of any secondary source and shall include any amendments
to it as may be adopted thereafter.
H.
Undefined words and phrases appearing in several places with this
chapter shall be read the same way each time each appears.
I.
The stated purposes of this chapter, generally, and the regulations
contained herein, specifically, shall be consulted to aid in resolving
any ambiguities.
J.
The use of "shall" means something is mandatory while "may" means
something is permissive.
K.
The use of the conjunctive "and" in a list means that all of the
listed requirements must be satisfied, while use of the disjunctive
"or" means that only one of the listed requirements need be satisfied.
L.
The singular includes the plural, and vice-versa.
2.
Rules for Interpretation for Specific Uses.
A.
If a use is not permitted by right, by conditional use, or by special
exception within a Zoning District, the use is prohibited within that
Zoning District without a variance.
B.
If a use is not permitted by right, by conditional use, or by special
exception within any Zoning District, the use is prohibited within
the Borough without a variance or an amendment to this chapter. When
an applicant seeks a variance as a consequence of a use being prohibited
within the Borough, the applicant shall simultaneously request a determination
by the Zoning Officer as to whether the use is permitted in any municipality
which adopted Pottstown Metropolitan Regional Plan, as amended, and
is a member of the Pottstown Metropolitan Regional Planning Commission.
This determination shall be provided to the Zoning Hearing Board.
C.
If a use may be classified differently pursuant to the terms contained
in this chapter, the use shall always be governed in all respects
by the most specific, restrictive classification applicable to the
use. As a limited example, if a specific use can defined pursuant
to this chapter as both a direct retail store and a specifically defined
type of direct retail store, the use shall be regulated by the specifically
defined type of direct retail store where any conflict between the
applicable regulations exist with respect to where and how it is permitted
throughout the Borough (e.g., neighborhood convenience store, adult
bookstore, pawnshop, etc.).
[Ord. 1968, 9/8/2003, § 1102]
1.
In case any building is proposed to be constructed or used in violation
of this Chapter, or if any land is proposed to be used in violation
of this Chapter, the appropriate action or private cause of action
to prevent, restrain, correct, or abate such use may be taken by:
2.
When any action is instituted by a landowner or tenant, notice of
the action shall be given to Borough Council and the Zoning Officer
at least 30 days prior to the time the action is begun by serving
them a copy of the complaint. No action may be maintained until such
notice been given.
[Ord. 1968, 9/8/2003, § 1103]
1.
If it appears to the Zoning Officer that a violation of this Chapter
has occurred, he shall initiate enforcement proceedings by sending
an enforcement notice to:
2.
The notice shall be by certified letter or by delivery in person.
If notice is given in person, the person serving the notice shall
obtain a notarized affidavit stating the service was made at a place
and time shown on the affidavit.
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 Zoning Officer intends to take action and the location of the
property in violation.
B.
The specific violation with a description of the requirements that
have not been met, citing, in each instance, the applicable provisions
of this Chapter.
C.
The date by which the steps for compliance must be commenced and
the date by which the steps must be completed.
D.
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a prescribed period in accordance with the procedures
set forth in this Chapter.
E.
That failure to comply with the notice within time specified, unless
extended by appeal to the Zoning Hearing Board, constitutes a violation,
with possible sanctions clearly specified.
[Ord. 1968, 9/8/2003, § 1104]
District Justices shall have initial jurisdiction to determine
the amount of judgments, damages or penalties from enforcement notices
filed under this Chapter.
[Ord. 1968, 9/8/2003, § 1105]
1.
Any person, partnership, or corporation who has violated or permitted
the violation of the provisions of this Chapter shall, upon being
found liable in a civil enforcement proceeding commenced by the Borough,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorney fees incurred by the Borough.
2.
No judgment shall be imposed until the date of the determination
of a violation by the district justice. If the defendant neither pays
nor appeals the judgment within the time prescribed by law, the Borough
may enforce the judgment pursuant to the applicable rules of civil
procedure.
3.
Each day a violation continues shall constitute a separate violation,
unless the district justice determines that there was a good-faith
basis for the person violating this Chapter to have believed that
there was no such violation. In that case, only one such violation
has been committed until the fifth day following the date of the determination
of a violation by the district justice. After that, each day a violation
continues shall constitute a separate violation. All judgments, costs,
and reasonable attorney fees collected for the violation of this Chapter
shall be paid over to the Borough.
4.
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 violation and judgment.
5.
Nothing contained in this Section shall be interpreted to grant to
any person or entity other than the Borough the right to commence
any action for enforcement under this Section.
[Ord. 1968, 9/8/2003, § 1106]
1.
Borough Council may set fees, by resolution or by ordinance, for
applications or appeals.
2.
Borough Council may prescribe reasonable fees with respect to the
administration of this Chapter and with respect to hearings before
Borough Council and the Zoning Hearing Board. Fees for these hearings
may include compensation for the secretary and members of the Zoning
Hearing Board, notice and advertising costs, and necessary administrative
overhead connected with the hearing.
[Ord. 1968, 9/8/2003, § 1107]
These sections shall not apply to any existing or proposed building,
or building extension, used or to be used by a public utility corporation,
if, upon petition of the corporation, the Pennsylvania Public Utility
Commission shall, after a public hearing, decide that the present
or proposed situation of the building in question is reasonably necessary
for the convenience or welfare of the public.
It shall be the responsibility of The Public Utility Commission
to ensure that both the corporation and the Borough have notice of
the hearing and are granted an opportunity to appear, present witnesses,
cross-examine witnesses presented by other parties, and otherwise
exercise the rights of a party to the proceedings.
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DETAILS. For details regarding enforcement of this Ordinance,
see Zoning Appendix, All, Sections A1100 through A1107, located at
the end of this Chapter.
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