Borough of Elizabethtown, PA ADMINISTRATION AND ENFORCEMENT

Administer this chapter in accordance with its literal terms.

Identify and register nonconforming uses and nonconforming structures.

Receive and examine all applications required under the terms of this chapter.

Issue or refuse permits within 15 days of the receipt of the application, except as specifically provided for in this chapter.

(5)

Receive complaints of violations of this chapter.

(6)

Issue a written notice of violation to any person violating any provision of this chapter.

(7)

Keep records of applications, permits and certificates issued, of variances granted by the Board, of complaints received, of inspections made, of reports rendered, and of notice or orders issued.

(8)

Make all required inspections and perform all other duties as called for in this chapter.

The Zoning Officer shall not have the power to permit any construction, use or change of use which does not conform to this chapter.

§ 2002 Enforcement, Penalty and Remedy.

[Ord. 766, 5/16/1996, § 20.1; as amended by Ord. 808, 4/20/2000, § 1; and by Ord. 889, 9/20/2007, § 1]

Duty of Zoning Officer. It shall be the duty of Zoning Officer, and he is hereby given the power and authority 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 a special exception, or a variance to requirements of this chapter shall be issued only upon approval by the Zoning Hearing Board.

Violations. The construction, excavation alteration, maintenance or use of any structure, building sign, land or landscaping or the change of use, area of use, percentage of use or displacement of the use of any structure, building, sign, land or landscaping without first obtaining a zoning permit; or the use of any building, structure, sign or land without receipt of a certificate of use and occupancy; or the use or maintenance of any building, structure, sign or land for a use or in a manner which is not in accordance with the provisions of this chapter; or the use of property for use different from that set forth in any zoning permit or certificate of use and occupancy which has been granted for the property without applying for and being granted a zoning permit and certificate of use and occupancy for such new or different use; or the failure to comply with any other provision of this chapter; or the violation of any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or a conditional use by the Borough Council or by a court of competent jurisdiction of a special exception, variance or conditional use is granted by such court are hereby declared to be violations of this chapter.

Enforcement Notice. If it appears to the Zoning Officer that a violation of this chapter shall exist, the Zoning Officer shall send an enforcement notice (also known as a "notice of violation and cease and desist order") to the owner of record of the lot on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that lot, to any other person requested in writing by the owner of record, and to any person against whom the Borough may bring an enforcement action. The enforcement notice shall contain the name of the owner of record and any other person against whom the Borough may take action, the location of the property in violation, the specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter, the date before which steps for compliance must be commenced and the date before which the steps must be completed, that the recipient of the enforcement notice has the right to appeal to the Zoning Hearing Board within 30 days, and that a failure to comply with the notice within the time specified, unless extended by an appeal to the Zoning Hearing Board, constitutes a violation with sanctions as provided in this chapter.

Enforcement Action. If the enforcement notice is not promptly complied with, the Zoning Officer, following consultation with the Borough Council and/or the Borough Solicitor, shall be authorized to institute an appropriate action or proceeding at law or in equity to prevent, restrain, correct, or abate such violation or to require the removal or termination of the unlawful use of the structure, building, sign, landscaping or land in violation of the provisions of this chapter or the order or direction made pursuant thereto. The Zoning Officer, following consultation with Borough Council and/or Borough Solicitor, shall also be authorized to institute a civil enforcement proceeding before a District Justice.

Penalties. Any person who has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including the reasonable attorney's fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless a District Justice determining that there has been a violation further determines that there was a good faith basis for the person violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Borough for the general use of the Borough.

Remedies. In case any building, structure, sign or landscaping is erected, constructed, reconstructed, altered, repaired, converted or maintained; or any building, structure sign or land is used; or any hedge, shrub, tree or other growth is maintained in violation of this chapter or of any of the regulations made pursuant thereto or any of the permits or certificates of use and occupancy issued under this chapter, or any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or upon the grant of a conditional use by the law, any appropriate action or proceeding may be instituted or taken to prevent or restrain such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to prevent any illegal act, conduct, business or use in and about such premises.

§ 2003 Permits.

[Ord. 766, 5/16/1996, § 20.2; as amended by Ord. 882, 2/15/2007]

Requirement of Permit. A building and/or zoning permit shall be required prior to the erection, addition or alteration of any building or portion thereof; 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 erection or alteration of any building or for a change in land use until a permit has been duly issued therefor.

Placement of fences, walls and signs require permits, and the regulations regarding fences are provided in § 1302, Subsection 5, and for signs in § 1701.

Placement of driveways, or expansion of dimensions of existing driveways, shall require a permit and shall be subject to the regulations regarding driveways set forth in § 1323.

Placement of any dumpster in the street, municipal right-of-way or any lot shall be subject to the provisions of § 1317D and the Refuse and Recycling Ordinance, Chapter 20.

No permit shall be required for maintenance of any building or structure, as that term is defined in this chapter, except as otherwise provided by State law.

Application for Permits. All applications for permits shall be accompanied by plans in duplicate, drawn to scale, showing 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 ordinances. One copy of such plans shall be returned to the owner when such plans have been reviewed and acted upon by the Zoning Officer. All applications with accompanying plans and documents shall become a public record after a permit is issued of denied.

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, as well as the provisions of all other applicable ordinances.

Zoning Officer shall act upon request within 30 days following application.

A permit issued hereunder shall become void 12 months after issuance date, unless a request for extension has been submitted to and approved by the Zoning Officer. Such request shall be files with the Zoning Officer at least 30 days prior to the permit expiration date.

Temporary Permits. A temporary permit may be authorized by the Zoning Officer for a 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 without cost to the Borough. Such permits shall be issued for a specified period of time not to exceed one year, and may be renewed annually for an aggregate period not exceeding two years.

A variance, special exception, or conditional use for which a building permit will be issued shall not be transferable to a subsequent owner in the event that the erection, construction, reconstruction, or alteration authorized has not been completed prior to transfer. Conditional use approvals, special exception use approvals, and use variances are not transferable to a subsequent owner.

§ 2004 Fees.

[Ord. 766, 5/16/1996, § 20.3]

The Borough Council shall establish a schedule of fees, charges and expenses, as well as a collection procedure for zoning permits, certificates of occupancy, appeals, variances, special exceptions, amendments, bonds and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Zoning Officer, and may be amended only by Borough Council.

Such fees shall be payable to the Borough and until all applicable fees, charges and expenses have been paid in full, the application shall be considered incomplete and no action shall be taken on any application or appeal.

§ 2005 Zoning Hearing Board.

[Ord. 766, 5/16/1996, § 20.4; as amended by Ord. 829, 11/15/2001; and by Ord. 946, 3/21/2013]

Appointment.

The Zoning Hearing Board shall continue, with three members appointed by the Borough Council, and have such powers and authority as set forth in Article IX, Pennsylvania Municipalities Planning Code (Act 247), as amended. The duly established Zoning Hearing Board shall have the following functions.

Members of the Board shall hold no other office in the Borough.

Vacancies.

The Board shall promptly notify Borough Council of any vacancies which occur.

Appointments to fill vacancies shall be only for the unexpired portion of a term.

Removal.

Any Board member may be removed for just cause by a majority vote of Borough Council, if the member has received 15 days notice of the intent to take such a vote.

A hearing shall be held in connection with the vote, if the member so requests it in writing.

Organization.

The Board shall elect officers from its own membership. Officers shall serve annual terms and may succeed themselves.

For the conduct of any hearing and taking of any action, a quorum shall be not less than majority of all members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and parties may waive further action by the Board.

The Board may make, alter and rescind rules and forms for its procedure, consistent with all applicable Borough ordinances and laws of the Commonwealth.

Expenditures.

Within the limits of funds appropriated by Borough Council, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services.

Members of the Board may receive compensation for the performance of their duties, as may be fixed by Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of Borough Council.

The Zoning Hearing Board shall have jurisdiction as set forth in Article IX of the Municipalities Planning Code[1] and/or any State law or municipal ordinance promulgated by legislative enactment and/or case law transmitted by a judicial decision from any court of competent jurisdiction.

[1]

Editor's Note: See 53 P.S. § 10901 et seq.

§ 2006 Appeals and Applications.

[Ord. 766, 5/16/1996, § 20.5]

An appeal, or application for an amendment, special exception, conditional use or variance from the terms of this chapter shall be filed with the Zoning Officer and shall contain:

The name and address of the applicant.

The name and address of the owner of the real estate to be affected by such proposal.

A brief description and location of the real estate to be affected by such proposal.

A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof.

A statement of the section of this chapter under which the appeal or application requested may be allowed, 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 reasons for the appeal.

An accurate description of the present improvements and the additions intended to be made under this application, indicating the size and use of such proposed improvements 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 permits, indicating the location and size of the lot and location of improvements now erected, and proposed to be erected thereon.

Any other pertinent data required by the Zoning Hearing Board, Borough Council, and/or Zoning Officer, as appropriate to their individual authorities set forth in this Part.

§ 2007 Special Exceptions.

[Ord. 766, 5/16/1996, § 20.6A; as amended by Ord. 882, 2/15/2007]

Where provided for in this chapter, the Zoning Hearing Board shall hear and decide requests for special exceptions in accordance with stated standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code, Act 247, as amended in this chapter. The Board may grant approval of a special exception provided that the applicant complies with the following standards for special exceptions and that the proposed special exception shall not be detrimental to the health, safety or welfare of the neighborhood.

Standards.

The applicant shall provide evidence of compliance with all conditions for such special exception as provided for in Part 14.

The applicant shall provide evidence that the proposed special exception shall be properly serviced by existing streets. The peak traffic generated by the use shall be accommodated in a safe and efficient manner or improvements made in order to effect the same.

For industrial and commercial special exception applications, the applicant shall demonstrate, through the use of traffic studies or other applicable data, that the granting of the special exception shall not increase traffic congestion on streets within the Borough.

The applicant shall provide evidence that the proposed special exception shall be properly served by utilities, police protection, fire protection and parts and recreation facilities.

The applicant shall submit a site plan drawn to a scale of not more than 100 feet to one inch containing the following information:

Location of all existing floodplains, watercourses, wetlands, rights-of-way, easements, areas of subsidence, wooded areas and other significant natural features on the tract.

The location of all streets, adjacent tracts and buildings within 200 feet of the tract.

Location of all proposed land uses including residential uses by type.

Number of proposed lots and/or dwelling units or nonresidential structures and lot sizes.

(5)

Location of public water and sewer lines.

(6)

All proposed site grading and drainage provisions.

(7)

Zoning data.

(8)

Certification of site plan by professional engineer/surveyor.

(9)

Certification of ownership and acknowledgment of plans signed by owner.

The applicant shall provide the Board with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.

The proposed special exception shall not significantly detract from the use of neighboring properties or from the character of the neighborhood and that the use of adjacent property is adequately safeguarded.

Unless otherwise specified by the Board or by law, a special exception shall expire if the applicant fails to obtain a zoning permit within one year from the date of authorization thereof by the Board or by the court if such special exception has been granted after an appeal or fails to complete any erection, construction, reconstruction, alteration or change in use authorized by the special exception within two years from the date of authorization thereof by the Board or by the court if such variance has been granted after an appeal. The Board may, for reasonable cause, extend the approval for an additional period of up to one year upon the written request by the applicant.

§ 2008 Variances.

[Ord. 766, 5/16/1996, § 20.6B; as amended by Ord. 882, 2/15/2007]

The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. Application for said variance shall be made in accordance with this chapter. The Zoning Hearing Board may grant a variance, provided the following findings are made where relevant in a given case:

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 district which the property is located.

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 therefor necessary to enable the reasonable use of the property.

That such unnecessary hardship has not been created by the appellant.

That the variance, if authorized, will not alter the essential character of the district in which the property is located, not substantially or permanently impair the appropriate use or development of adjacent property, not be detrimental to the public welfare.

That the variance, if authorized, will represent the minimum variance that will afford relief and represent the least modification possible of the regulation in issue.

In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.

Unless otherwise specified by the Board or by law, a variance shall expire if the applicant fails to obtain a zoning permit within one year from the date of authorization thereof by the Board, or by the court if such variance has been granted after an appeal, or fails to complete any erection, construction, reconstruction, alteration or change in use authorized by the variance within two years from the date of authorization thereof by the Board, or by the court if such variance has been granted after an appeal. The Board may, for reasonable cause, extend the approval for an additional period of up to one year, upon the written request by the applicant.

A dimensional variance, special exception, or conditional use for which any permit and/or license shall be required from the Borough to be issued to an applicant shall not be transferrable in the event that the erection, construction, reconstruction, or alteration authorized has not been completed prior to transfer. Conditional use approvals, special exception use approvals, and approved use variances are not transferrable to a subsequent owner.

[Amended by Ord. 975, 6/16/2016]

§ 2009 Appeals from a Decision of the Zoning Officer.

[Ord. 766, 5/16/1996, § 20.7; as amended by Ord. 882, 2/15/2007]

All appeals from a decision of the Zoning Officer and applications to the Board shall be in writing on forms prescribed by the Board.

Every appeal or application shall include the following:

The name and address of the applicant, or appellant.

The name and address of the owner of the property to be affected by such proposed change or appeal.

A brief description and location of the property to be affected by such proposed change or appeal.

A statement of the present zoning classification of the property in question, the improvements thereon and the present use thereof.

A statement of the section of this chapter under which the appeal is made and reasons why it should be granted, or a statement on the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and the reasons for this appeal.

A reasonably accurate description of the additions or changes intended to be made under the application, indicating the size material, and general construction of such proposed improvements. A plot plan of the property to be affected, indicating the location and size of the lot and the size or existing and intended improvements, shall be attached to the description.

Applications to the Zoning Hearing Board must be filed no later than three weeks prior to the scheduled hearing date to allow sufficient time for required advertising and notifications.

§ 2010 Hearings.

[Ord. 766, 5/16/1996, § 20.8; as amended by Ord. 882, 2/15/2007; and by Ord. 946, 3/21/2013]

The Board shall conduct hearings and make decisions in accordance with the following:

Notice of Hearings. Notice of all hearings of the Board shall be given as follows:

Notice to the public shall be published at least twice in a newspaper of general circulation in the Borough.

(a)

The first publication shall be not more than 30 days and the second notice shall not be less than seven days from the date of the hearing.

(b)

The notices shall state the time and place of the hearing and the particular nature of the matter to be considered.

Written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

Written notice shall be given to the applicant, the Zoning Officer and Planning Commission, Borough Council, adjoining property owners within 200 feet (including those across the street) and any other person or group (including civic or community organizations) who has made a timely request for such notice, by personally delivering or mailing a copy of the published notice.

Other municipalities.

(a)

In any matter which relates to a property which lies within 500 feet of the boundary of another municipality, the Secretary of the Board shall transmit to the municipal clerk of this other municipality a copy of the official notice of the public hearing on such matters, not later than one day after publication thereof.

(b)

The other municipality shall have the right to appear and to be heard at the public hearing.

Parties.

The parties to the hearing shall be the Borough, any person affected by the application who has made a timely appearance of record before the Board, and any other person, including civic or community organizations, permitted to appear before the Board.

The Board shall have the power to require that all persons who wish to be considered parties enter appearances in written on forms provided by the Board for that purpose.

The Zoning Hearing Board shall conduct its hearings and render its decision in accordance with the requirements of the Municipalities Planning Code (MPC).

§ 2011 Conditional Uses.

[Ord. 766, 5/16/1996, § 20.9; as amended by Ord. 882, 2/15/2007]

Where provided for in this chapter, the Borough Council shall hear and decide requests for conditional uses in accordance with stated standards and criteria. In granting a conditional use, the Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code, Act 247, as amended, and this chapter. The Borough Council may grant approval of the conditional use provided that the applicant complies with the following standards for conditional uses and that the proposed conditional use shall not be detrimental to the health, safety or welfare of the neighborhood.

Standards.

The applicant shall provide evidence or compliance with all conditions for such conditional use as provided for in Part 15.

The applicant shall provide evidence that the proposed conditional use shall be properly serviced by existing streets. The peak traffic generated by the use shall be accommodated in a safe and efficient manner or improvements made in order to effect the same.

For industrial and commercial conditional use applications, the applicant shall demonstrate, through the use of traffic studies or other applicable data, that the granting of the conditional use shall not increase traffic congestion on streets within the Borough.

The applicant shall provide evidence that the proposed conditional use shall be properly served by utilities, police protection, fire protection and parks and recreation facilities.

The applicant shall submit a site plan drawn to a scale of not more than 100 feet to one inch containing the following information:

Location of all existing floodplains, watercourses, wetlands, rights-of-way, easements, areas of subsidence, wooded areas, and other significant natural features on the tract.

The location of all streets, adjacent tracts and buildings within 200 feet of the tract.

Location of all proposed land uses including residential uses by type.