[Ord. 2000-03, 9/14/2000, Art. XVIII, § 1800]
1.
The provisions of this chapter shall be administered and enforced
by the Zoning Officer who shall be appointed by the Board of Supervisors.
2.
It shall be the duty of the Zoning Officer, and he shall have the
power to:
A.
Receive and examine all applications for zoning permits.
B.
Process zoning permit applications for all uses. Any uses requiring
land development plan approval, as defined in the MPC, must be processed
to the Planning Commission and Board of Supervisors for review.
C.
Issue permits only where there is compliance with the provisions
of this chapter, and with other Township ordinances. Permit uses requiring
a variance shall be issued only upon order of the Zoning Hearing Board.
Permits requiring approval by the Board of Supervisors shall be issued
only after receipt of approval from the Board of Supervisors.
D.
Receive applications for variances and forward these applications
to the Zoning Hearing Board for action thereon.
E.
Receive applications for curative amendments, conditional uses, and
zoning changes, forwarding requests to the Board of Supervisors, Planning
Commission, and other appropriate agencies.
F.
Following refusal of a permit, receive applications for interpretation
appeals and variances, and forward these applications to the Zoning
Hearing Board for action thereon.
G.
Conduct inspections, direct that surveys, measurements, or calculations
be done and any other lawful methods deemed necessary to the Zoning
Officer to determine compliance or noncompliance with the terms of
this chapter; said inspections, surveys, measurements, calculations,
and other lawful methods, shall include, but not be limited to, on-site
inspections once construction has commenced, during construction and
at the completion of construction. Said inspection shall determine
compliance with regard to erection, construction has commenced, during
construction and at the completion of construction. Said inspections
shall determine compliance with regard to erection, construction,
reconstruction, alterations, repairs, conversions, maintenance and/or
uses of structures and land governed by this chapter. Further, it
is the duty of the applicant to inform the Zoning Officer as to the
time of beginning construction, so as the Zoning Officer may determine
compliance with the appropriate ordinances.
H.
Issue stop, cease, and desist orders, and order in writing correction
of all conditions found to be in violation of the provisions of all
applicable Township ordinances. Such written orders shall be served
personally or by certified mail upon persons, firms, or corporations
deemed by the Zoning Officer to be violating the terms of this chapter.
It shall be unlawful for any person to violate any such order issued
by the Zoning Officer, and any person violating any such order shall
be guilty of a violation of this chapter.
I.
With the approval of the Board of Supervisors, or when directed by
them, institute in the name of the Township any appropriate action
or proceedings to prevent the unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance, or use; to restrain,
correct, or abate such violation, so as to prevent the occupancy of
or use of any building, structure, landscaping of land, or to prevent
any illegal act, conduct, business, or use in or about such premises.
The Zoning Officer has the right to lodge a civil complaint against
any violator of this chapter, upon approval of the Board of Supervisors,
whether or not any other action has been taken to halt the use.
J.
Revoke any order or zoning permit issued under a mistake of fact
or contrary to the law of the provisions of this chapter.
K.
Record and file all applications for zoning permits with accompanying
plans and documents. All applications, plans, and documents shall
be a public record.
L.
Maintain a map or maps showing the current zoning classification
of Allen Township.
N.
The Zoning Officer shall create and maintain the files required to
carry out and maintain the records of all his actions pursuant to
this chapter.
[Ord. 2000-03, 9/14/2000, Art. XVIII, § 1801; as
amended by Ord. 2015-03, 6/11/2015]
Hereafter, no use listed in this chapter may be established
or changed, no structure shall be erected, constructed, reconstructed,
altered, razed, or removed; and no building used or occupied, or changed
in use, until a zoning permit has been secured from the Zoning Officer.
Upon completion of changes in use or construction, reconstruction,
alteration, or moving of structures, the applicant shall notify the
Zoning Officer of such completion. No permit shall be considered as
complete or as permanently effective until the Zoning Officer has
noted on the permit that the work or occupancy and use have been inspected
and approved as being in conformity with the provisions of this chapter.
A zoning permit need not precede subdivision or land development applications.
The issuance of a zoning permit shall not be required for uses approved
pursuant to a recorded land development plan.
[Ord. 2000-03, 9/14/2000, Art. XVIII, § 1802]
1.
All applications for zoning permits shall be made in writing by the
owner, tenant, vendee under contract of sale, or authorized agent
on a form supplied by the Township, and shall be filed with the Zoning
Officer. The application shall include four copies of the following
information:
A.
A statement as to the proposed use of the building or land.
B.
A site layout drawn to scale showing the location, dimension, and
height of proposed buildings, structures, or uses and any existing
buildings in relation to property and street lines. If the application
relates to property scheduled to be developed in successive stages,
such plans shall show the relationship of the portion scheduled for
initial development to the proposed layout of the entire property.
C.
The location, dimensions, and arrangement, of all open spaces, yards,
and buffer yards, including methods to be employed for screening.
D.
The location, size, arrangement, and capacity of all areas to be
used for motor vehicle access, off-street parking, off-street loading
and unloading, and provisions to be made for lighting such areas.
E.
The dimensions, location, and methods of illumination signs, if applicable.
F.
The location and dimensions of sidewalks and all other areas to be
devoted to pedestrian use.
G.
Provisions to be made for treatment and disposal of sewage and industrial
wastes, water supply, and storm drainage.
H.
The capacity and arrangement of all buildings used or intended to
be used for dwelling purposes, including the proposed density in terms
of number of dwelling units per acre of land.
I.
A description of any proposed industrial or commercial operations
in sufficient detail to indicate effects of those operations in producing
noise, glare, air pollution, water pollution, fire hazards, traffic
congestion or other safety hazards.
J.
Description of method to be employed in controlling any excess noise,
air pollution, smoke, fumes, water pollution, fire hazards or other
safety hazards.
K.
Proof of any variances and/or conditional uses granted indicating
date granted and applicable section of this chapter.
L.
Applications for zoning permits requiring land development plans shall include all plans, data, documentation in addition to the above requirements adhering to Allen Township's Subdivision and Land Development Ordinance [Chapter 22] and the standards therein.
M.
Applications for zoning permits within the airport zoning area shall
be accompanied by formal documentation regarding the review and approval
of the included use, structure, or tree by the Lehigh-Northampton
Airport Authority.
N.
An affidavit signed by the applicant stating that the information
presented as part of the application is true and correct.
O.
Any other data deemed necessary by the Zoning Officer, Planning Commission,
or Board of Supervisors, to enable them to determine the compliance
of the proposed development with the terms of this chapter.
2.
No permit for any new use or construction which will involve the
on-site disposal of sewage or waste, and no permit for a change in
use or an alteration which will result in increased volume or sewage
or water to be disposed of on the site, shall be issued until a certificate
of approval has been issued by the Township Sewage Enforcement Officer
and conforms to all applicable Township regulations.
[Ord. 2000-03, 9/14/2000, Art. XVIII, § 1803]
All applicants for zoning permits, certificate of occupancy,
interpretation, variance, conditional use and curative amendment appeals
shall, at the time of making application, pay to the Zoning Officer
for use of the Township, a fee in accordance with a fee schedule adopted
by resolution of the Board of Supervisors upon the enactment of this
chapter or as such schedule may be amended by resolution of the Board
of Supervisors.
[Ord. 2000-03, 9/14/2000, Art. XVIII, § 1804]
Any erection, construction, reconstruction, alteration, or moving
of a building, or other structure, including a sign authorized by
a zoning permit, and any change in use of a building or land authorized
by a zoning permit shall be commenced within one year after the date
of issuance of the permit. If not, the permit shall be considered
null and void. However, in case of erection or construction of a building,
the right to proceed with construction may be extended annually without
additional fees for an aggregate period of not more than three years,
provided that the construction pursuant to said permit has commenced
within the first one-year period.
[Ord. 2000-03, 9/14/2000, Art. XVIII, § 1805]
1.
Hereafter, no structure erected, constructed, reconstructed, extended,
or moved, and no land or building changed in use under a zoning permit,
shall be occupied or used in whole or in part for any use whatsoever,
until the owner and/or authorized agent has been issued a certificate
of occupancy by the Zoning Officer, indicating that the building or
use complies with the terms of zoning as provided in this chapter.
2.
No certificate shall be issued until the premises in question has
been inspected and found by the Zoning Officer to be in compliance
with this chapter. Also, no certificate of occupancy may be issued
until the applicant has provided the following:
A.
Satisfactory final inspection report on the on-lot sewage disposal
system from the Township Sewage Enforcement Officer (for on-lot sewer).
B.
Satisfactory construction permit inspection report from the Allen
Township Authority (for public sewer).
C.
Satisfactory final inspection report from Building Inspector.
3.
The issuance of a certificate of occupancy in no way absolves the
owner or authorized agent from compliance with the intent of this
chapter.
[Ord. 2000-03, 9/14/2000, Art. XVIII, § 1806]
1.
Purpose. The following standards are intended to provide the Board
of Supervisors with a guide for the purpose of reviewing certain uses
not otherwise permitted in specified zones except under the restriction
of this section.
A.
The Board of Supervisors shall hear and decide requests for all conditional
uses filed with the Township, in writing, by any landowner (or any
tenant with permission of such landowner), as provided in this chapter.
B.
In granting a conditional use, the Board of Supervisors may attach
such reasonable conditions and safeguards, in addition to those expressed
in the chapter, as it may deem necessary to implement the purposes
and intent of this chapter.
2.
Procedures.
A.
The Zoning Officer shall not approve a zoning permit for proposed
development that requires a conditional use until written approval
of the Board of Supervisors is obtained pursuant to this chapter.
B.
All applicants for a conditional use shall make application to the Township on forms provided by the Township Secretary and shall submit site plans in accordance with § 27-1800 et seq. of this chapter.
C.
The Board of Supervisors shall not approve or deny the conditional
use without reviewing the site plans and the recommendation of the
Planning Commission. The Board of Supervisors shall request an advisory
opinion from the Planning Commission on any application for a conditional
use; the Planning Commission shall submit a report of such advisory
opinion to the Board of Supervisors prior to the date of the public
hearing held by the Board of Supervisors on an application.
D.
Approval of the conditional use application by the Board of Supervisors is an approval of the use only and is not to be considered approval in accordance with the Township Subdivision and Land Development Ordinance [Chapter 22].
E.
The Board of Supervisors shall hold a hearing pursuant to public
notice upon the request, commencing not later than 60 days after the
request is filed, unless the applicant requests or consents in writing
to an extension of time. In addition, the Board of Supervisors shall
render a written decision within 45 days after the last hearing.
F.
The Board of Supervisors shall conduct hearings and make decisions
in accordance with the procedures and standards set forth in § 1909.
3.
4.
General Requirement and Standards Applicable to All Conditional Uses.
The Board of Supervisors shall grant a conditional use only if it
finds adequate evidence that any proposed development submitted will
meet all of the following general requirements as well as any specific
requirements and standards listed in the subsection for the proposed
use and those contained in this chapter. The Board of Supervisors
shall among other things require that any proposed use and location
be:
A.
In accordance with the Allen Township Comprehensive Plan and of this
chapter and consistent with the spirit, purposes, and the intent of
this chapter.
B.
In the best interest of the Township, the convenience of the community,
the public welfare, and be a substantial improvement to the property
in the immediate vicinity;
C.
Suitable for the property in question, and designed, constructed,
operated, and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity;
D.
In conformance with all applicable requirements of this chapter and
all municipal ordinances;
E.
Suitable in terms of effects on highway traffic and safety with adequate
access arrangements to protect streets from undue congestion and hazard;
and
F.
In accordance with sound standards of subdivision and land development
practice where applicable.
5.
Specific Standards for Conditional Uses. Each conditional use shall
comply with any of the specific standards listed for that use in Parts
14 and 15. In addition, the Board of Supervisors shall:
A.
Determine that the proposal provides for adequate access to public
roads without creating hazardous conditions. In making this determination,
the Board of Supervisors may impose conditions requiring:
(1)
Access to be limited, or combined with that of adjoining properties;
(2)
Improvement of vertical, or horizontal alignment adjoining the
site or off-site if access to the site would be restricted or hazardous
as a result of the alignment problem;
(3)
Widen or replace a bridge if said bridge restricts access to
the site, or where the nature of the traffic generated by the proposed
use would create a hazardous or restrictive situation.
B.
Examine the use and its relationship to existing land uses to ensure
that the proposed use does not adversely alter the character of stable
neighborhoods and to protect adjoining residents from uses which are
objectionable. To this end, the Board of Supervisors may impose conditions
requiring:
(1)
Special buffer planting, buffer yards, or planted berms;
(2)
Planting or walls to screen intrusive uses such as parking lots,
loading docks, mechanical plants, etc.;
(3)
Control of location of intrusive uses so that they are sited
in the least disruptive manner;
(4)
Special design of lighting and signs to avoid disrupting existing
developments or conflicting with the vision of motorists, particularly
near intersections.
