[Amended 12-21-1994 by Ord. No. 1029; 12-21-1994 by Ord. No. 1031]
Persons desiring to undertake any new construction, structural
alteration, or change in the use of a building or lot shall apply
to the Zoning Officer for a zoning permit by filling out the appropriate
application form and by submitting the required fee as may, from time
to time, be determined by the Borough Council of the Borough of Mount
Union. The Zoning Officer will then either issue or refuse the zoning
permit or refer the application to the Zoning Hearing Board. After
the zoning permit has been received by the applicant, he may proceed
to undertake the action permitted by the zoning permit and, upon completion
of such action, shall apply to the Zoning Officer for an occupancy
permit where such a permit is required. If the Zoning Officer finds
that the action of the applicant has been taken in accordance with
the zoning permit, he will then issue an occupancy permit allowing
the premises to be occupied.
Under the terms of this chapter, the following classes of zoning
permits may be issued:
A.
Permitted uses. A zoning permit for a permitted use may be issued
by the Zoning Officer on his own authority.
B.
Special exception uses. A zoning permit for a special exception may
be issued by the Zoning Officer after a review and upon the order
of the Zoning Hearing Board.
C.
Conditional uses. A zoning permit for a conditional use may be issued
by the Zoning Officer after review by the Planning Commission and
upon the order of the governing body.
D.
Zoning permit after an appeal or a request for a variance. A zoning
permit may be issued by the Zoning Officer upon the order of the Zoning
Hearing Board and after a public hearing held by the Board for the
purpose of deciding upon the appeal or a request for a variance.
A.
Zoning permits. The purpose of the zoning permit is to determine
compliance with the provisions of this chapter, and no person shall
erect, alter, or convert any structure, building, or part thereof,
nor alter the use of any land, subsequent to the adoption of this
chapter, until a zoning permit has been issued by the Zoning Officer.
All applications for zoning permits shall be in writing on forms to
be furnished by the Zoning Officer. Zoning permits shall be issued
in duplicate, and one copy shall be kept conspicuously on the premises,
and no person shall perform building operations of any kind unless
a zoning permit is being displayed as required by this chapter. The
Zoning Officer or the Board may revoke a zoning permit at any time
if it appears that the application is in any material respect false
or misleading or that work being done upon the premises differs materially
from that called for in the application.
B.
Time limit for application. An application for a permit for any proposed
work shall be deemed to have been abandoned six months after the date
of filing, unless such application has been diligently prosecuted
or a permit shall have been issued, except that reasonable extensions
of time for additional periods not exceeding 90 days each may be granted
at the discretion of the Zoning Officer.
C.
Expiration of permit. The permit shall expire after one year from
the date of issuance; provided, however, that the same may be extended
every six months for a period not to exceed an additional one year.
D.
Occupancy permits. The purpose of an occupancy permit is to certify
that the premises comply with the provisions of this chapter and other
applicable regulations and may be used for the purposes set forth
in the occupancy permit. Prior to the use or occupancy for any land
or building for which a zoning permit is required or for any change
of use of any existing building or for any change of use of land,
an occupancy permit shall be secured from the Zoning Officer. A copy
of the occupancy permit shall be kept upon the premises and shall
be displayed upon request made by any officer of the municipality.
All applications for occupancy permits shall be in writing on forms
to be furnished by the Zoning Officer.
E.
Certificate of nonconformity. All uses or structures lawfully existing
prior to the adoption of this chapter, not in conformance with the
requirements presently applicable thereto, shall be identified by
the Zoning Officer. Such nonconforming uses or structures shall be
registered through the issuance of a certificate of nonconformity
by the Zoning Officer. This certificate shall be for the purpose of
insuring to the owner or occupant of the premises the right to continue
such nonconformity.
A.
Appointment of enforcement officer. This chapter shall be enforced
by the Zoning Officer, who shall be appointed by the governing body
of the municipality.
B.
Deputy Zoning Officer. The Zoning Officer may designate an employee
of the Borough as his Deputy, who shall exercise all the powers of
the Zoning Officer as may be delegated by the Zoning Officer.
C.
Duties and powers. The Zoning Officer shall receive and examine all
applications required under the terms of this chapter and shall issue
or refuse permits within 30 days of the receipt of the application
or shall refer said application to the appropriate body. The Zoning
Officer shall issue a written notice of violation to any person, firm,
or corporation violating any provisions of this chapter. He shall
keep records of applications or permits or certifications issued,
of variances granted, of inspections made, of reports rendered and
of notices or orders issued and perform all other duties as called
for in this chapter. The Zoning Officer may require such drawings,
plans, surveys or other documentation as necessary for the enforcement
of this chapter.
A.
Board is hereby created. The governing body of the municipality does
hereby create a Zoning Hearing Board as provided for by the laws of
the Commonwealth of Pennsylvania. The existing Board shall continue
under the procedures stated herein.
B.
Appointment of members. Members of the Board and their successors
shall be appointed, on the expiration of their respective terms, to
serve three years. An appointment to fill a casual vacancy shall be
only for the unexpired portion of the term.
C.
Duties and powers. The Board shall be responsible for the interpretation
of this chapter and shall adopt and make available to the public rules
for the exercise of its functions. The duties and powers of the Board
shall be to hear and decide appeals where it is alleged that an error
has been made in the enforcement of this chapter and hear and decide
requests for special exception uses and variances. The Board shall
perform such other duties as may be provided or made necessary by
this chapter, including the interpretation of boundaries, the holding
of public hearings, the referral of any pertinent matter to the Commission
for review and recommendations, and the maintenance of records on
all decisions and findings.
D.
Referral to the Commission. The Board may refer to the Commission
all applications for special exceptions and any other applications
or appeals which, in the opinion of the Board, require review by the
Commission. In its review, the Commission shall determine compliance
with the standards set forth in this chapter and, in all cases, shall
report in writing its findings and recommendations to the Board within
30 days.
A.
The Board shall hear requests for variances where it is alleged that
the provisions of this chapter inflict unnecessary hardship upon the
applicant. Subject to the provisions of the Municipalities Planning
Code,[1] the Board may, by rule, prescribe the form of application
and may require preliminary application to the Zoning Officer. 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 authorization of a variance
is therefor 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 be detrimental to the public welfare.
(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.
B.
In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of this chapter.
[Amended 12-21-1994 by Ord. No. 1029; 12-21-1994 by Ord. No. 1031]
A.
Appeal from a decision of the Zoning Officer. Any person or official
of the Borough aggrieved or affected by any provision of this chapter
or by any decision, including any order to stop, cease, and desist,
issued by the Zoning Officer may appeal. Such appeal shall be taken
within a reasonable time as provided by the rules of the Board by
filing with the Zoning Officer and with the Zoning Hearing Board a
notice of appeal specifying the grounds thereof. All such appeals
shall be accompanied by the payment of a fee, in an amount as may
from time to time be determined by the Borough Council of the Borough
of Mount Union, to reasonably cover the costs of the appeal proceeding
before the Zoning Hearing Board.
B.
Expiration of appeal decision. Unless otherwise specified by the
Board, a decision on any appeal or request for a variance shall expire
if the applicant fails to obtain any necessary zoning permit or comply
with the conditions of said authorized permit within six months from
the date of authorization thereof.
C.
Appeal from decision of Board. Any appeal from a decision of the
Zoning Hearing Board shall be made to the Court. In case of an appeal
from the Board to the Court of Common Pleas, the Board shall make
the return required by law, and shall promptly notify the Solicitor
to the municipality of such appeal and furnish him with a copy of
the return, including a transcript of the testimony. Any offer of
the Board not appealed within 30 days shall be final.
D.
Stay of proceedings. An appeal shall stay all proceedings in furtherance
of the action appealed from unless the Zoning Officer certified to
the Board, after the notice of appeal shall have been filed, that,
by reason of facts stated in the certificate, a stay would, in his
opinion, cause imminent peril to life or property, in which case proceedings
shall not be stayed otherwise than by a restraining order, which may
be granted by the Board after notice to the Zoning Officer or by the
Court of Common Pleas.
E.
Information required on appeals to the Board. All appeals from a
decision of the Zoning Officer and application to the Board shall
be in writing on forms prescribed by the Board. Every appeal or application
shall include the following:
(1)
The name and address of the applicant or appellant.
(2)
The name and address of the owner of the zone lot to be affected
by such proposed change or appeal.
(3)
A brief description and location of the zone lot to be affected by
such proposed change or appeal.
(4)
A statement of the present zoning classification of the zone lot
in question, the improvements thereon and the present use thereof.
(5)
A statement of the section of this chapter under which the appeal
is made and reasons why it should be granted or a statement of the
section of this chapter governing the situation in which the alleged
erroneous ruling is being appealed and the reasons for this appeal.
(6)
A reasonably accurate description of the present improvements and
the additions or changes 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 property to be affected, indicating the location
and size of the lot and size of improvements thereon and proposed
to be erected thereon.
F.
Public hearings to be held by Board. Upon filing with the Board of
an appeal or a request for a variance as required by the terms of
this chapter, or for such other purposes as provided herein where
the Board deems it in the public interest, the Board shall fix a reasonable
time for the hearing of the appeal, give public notice thereof, as
well as due notice to the parties in interest, and decide the same
within 45 days after the hearing or, if said hearing is continued,
within 45 days after said continued hearing. If the Zoning Hearing
Board does not make a decision within 45 days after the hearing or
continued hearing, it shall be deemed that such Board has decided
in favor of the person or official of the municipality aggrieved or
affected who is seeking relief. Upon the hearing, any party may appear
in person or by agent or by attorney.
To hear and decide only such special exceptions to the terms
of this chapter upon which the Board is specifically authorized to
pass upon by the terms of this chapter, the granting of a special
exception when specifically authorized by the terms of this chapter
shall be subject to the following conditions and guiding principles:
A.
Such use shall be one which is specifically authorized as a special
exception use in said district.
B.
Such permits shall only be granted subject to any applicable conditions
and safeguards as required by this chapter.
C.
Such permit may be granted subject to additional reasonable conditions
and safeguards as may be deemed by the Board to be advisable and appropriate.
D.
Such use shall be found by the Board to be in harmony with the general
purpose and intent of this chapter.
E.
Such use shall not adversely affect the character of the district,
nor the conservation of property values, nor the health and safety
of residents or workers on adjacent properties and in the general
neighborhood.
F.
Such use shall be such appropriate size and so located and laid out
in relation to its access streets that vehicular and pedestrian traffic
to and from such use will not create undue congestion or hazards prejudicial
to the general neighborhood.
G.
The notification of abutting property owners.
H.
Uses shall meet the provisions and requirements of the Borough Subdivision
and Land Development Ordinance, as amended.
I.
Should the applicant fail to obtain the necessary permits within
a six-month period, or, having obtained the permit, should he fail
to commence work thereunder within such six-month period, it shall
be conclusively presumed that the applicant has waived, withdrawn,
or abandoned his appeal or his application, and all provisions, conditional
uses and permits granted to him shall be deemed automatically rescinded
by the Borough Council.
The Borough Council may, from time to time, after public notice
and hearing as hereinafter prescribed, amend, supplement, change,
or repeal this chapter, including the Zoning Map.[1] Any amendment, supplement, change or repeal may be initiated
by the Borough Planning Commission, the Council or by a petition to
Council. Such amendment, supplement, change or repeal shall be submitted
to the Borough Planning Commission and to the County Planning Commission
for their recommendations and shall be specifically found by the Council
to be in accordance with the spirit and intent of the formally adopted
portions of the Comprehensive Plan before final action shall be taken.
A.
Amendments initiated by the Borough Planning Commission. When an
amendment, supplement, change or repeal is initiated by the Borough
Planning Commission, the Borough Council shall, at least 30 days prior
to the date of the hearing on the proposed amendment, submit the amendment
to the County Planning Commission for its review and recommendations.
B.
Amendments initiated by Borough Council. When an amendment, supplement,
change or repeal is initiated by Council, it shall submit the proposal
to both the Borough Planning Commission and the County Planning Commission
for review and recommendations at least 30 days prior to the date
fixed for the public hearing to consider the amendment, supplement,
change or repeal.
C.
Curative amendment initiated by landowner. When a landowner desires
to challenge, on substantive grounds, the validity of this chapter
or map or any provision thereof, said landowner may submit a curative
amendment to the Council with a written request that his challenge
and proposed amendments be heard and decided as provided in the Pennsylvania
Municipalities Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
D.
Procedure for petition. The petition for amendment, supplement, change
or repeal shall contain as fully as possible all relevant information
and shall be signed by at least one record owner of the property in
question, whose signature shall be notarized, attesting to the truth
and correctness of all the facts and information presented in the
petition. The fee established by resolution of Borough Council shall
be paid upon the filing of such petition for change and for the purpose
of defraying the costs of the proceedings prescribed herein.
E.
Public hearing. Borough Council shall fix a time and place for a
public hearing at which parties of interest and citizens shall have
an opportunity to be heard. Notice of the time and place of such hearing
shall be published in one newspaper of general circulation in the
Borough once each week for two successive weeks; the first publication
shall be not more than 30 days and not less than 14 days prior to
the date of said hearing.
F.
Authentication of Official Zoning Map.[3] Whenever there has been a change in the boundary of a
zoning district or a reclassification of the zoning district adopted
in accordance with the above, the change on the Official Map shall
be made and shall be fully certified by the Borough Secretary and
shall thereafter be refiled as part of the permanent records of the
Borough.
[3]
Editor's Note: The Zoning Map is included at the end of this
chapter.
[1]
Editor's Note: The Zoning Map is included at the end of this
chapter.
A.
Governing body may initiate appropriate action. In case any building
or structure is erected, constructed, reconstructed, altered, repaired,
converted, or maintained, or any building, structure, or land is used
in violation of this chapter, or of any ordinance or regulation made
under authority conferred hereby, the governing body of the municipality,
or, with its approval, the Zoning Officer or other proper official,
in addition to other remedies, may institute in the name of the municipality
any appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use, to restrain, correct, or abate such violation and to prevent
the occupancy of said building, structure or land or to prevent any
illegal act, conduct, business, or use in or about such premises.
B.
Violation punishable. Any persons, firm or corporation violating
any provision of this chapter shall, upon conviction, be punished
by a fine not to exceed $500 for any offense, recoverable with costs,
together with judgment, or imprisonment not exceeding 30 days if the
amount of said judgment is not paid. Each day that a violation is
permitted shall constitute a separate offense.
Fees for permits and administration of the provisions of this
chapter shall be established by resolution.
