A.
The provisions of this chapter shall be enforced by an agent, to
be appointed by the City Council, who shall be known as the Zoning
Officer. The Zoning Officer may have designated an employee of the
City of Lock Haven as his/her assistant, who shall exercise all the
powers of the Zoning Officer during the temporary absence or disability
of the Zoning Officer.
B.
The duties of the Zoning Officer shall be:
(1)
Administer the Zoning Ordinance (this chapter) in accordance
with its literal terms;
(2)
To receive, examine and process all applications and permits
as provided by the terms of this chapter. The Zoning Officer shall
also issue zoning permits for special exception and conditional uses,
or for variances after the same have been approved;
(3)
To record and file all applications for zoning permits or certificates
of occupancy, and accompanying plans and documents, and keep them
for public record;
(4)
To inspect properties to determine compliance with all provisions
of this chapter as well as conditions attached to the approval of
variances, special exceptions, conditional uses and curative amendments;
(5)
Determine the date before which steps for compliance must be
commenced and the date before which the steps must be completed. The
Zoning Officer shall determine an appropriate duration of time for
compliance of the specified activity, not to exceed 30 days. Extensions
up to a total of 90 days from the date of receipt of the enforcement
notice may be granted at the discretion of the Zoning Officer if applied
for in writing;
(6)
Upon the request of the City Council or the Zoning Hearing Board,
present to such bodies facts, records, and any similar information
on specific requests, to assist such bodies in reaching their decisions;
(7)
To be responsible for keeping this chapter and the Official
Zoning Map up to date, including any amendments thereto;
(8)
To revoke a permit or approval issued under the provisions of
this chapter in case of any false statement or misrepresentation of
fact in the application or on the plans on which the permit or approval
was based or for any other cause set forth in this chapter, or otherwise
permitted by law;
(9)
To review proposed subdivisions and land developments for compliance
with this chapter; and
A zoning permit indicates that a zoning application complies
with this chapter to the best knowledge of the Zoning Officer or his/her
designee. No zoning permit or certificate of use and occupancy shall
be granted by him/her for any purpose except in compliance with the
literal provisions of this chapter. The Zoning Officer may be authorized
to institute civil enforcement proceedings as a means of enforcement
when acting within his/her scope of employment.
A.
A zoning permit is required to be issued prior to the start of any
of the following activities:
(1)
Erection, construction, movement, placement, razing, demolition,
removal, alteration or expansion (vertical or horizontal) of a structure,
building or sign;
(2)
Change of the type of use or expansion of the use of a structure
or area of land;
(3)
Creation of a new use;
(4)
Demolition of a building;
(5)
Other activities required to have a permit by this chapter;
(6)
The alteration or development of any improvement or unimproved
real estate, including, but not limited to, mining, dredging, filling,
grading, paving, excavation or drilling operations for underground
utilities, provided the final grade is not altered.
(8)
No zoning permit shall be required for repairs or maintenance
of any structure or land, provided such repairs do not change the
use or the exterior dimensions of the structure, or otherwise violate
the provisions of this chapter.
B.
The City of Lock Haven may, at its option, issue combined or separate
building permits and zoning permits and/or may utilize a single or
separate application for the permits.
C.
The only determination by the Zoning Officer that shall be official
shall be a written determination after the Zoning Officer receives
a duly submitted written official application.
D.
Such zoning permits shall be granted or refused within 90 days from
date of application.
F.
In all instances in which the Zoning Officer expresses a reasonable
doubt as to the ability of a proposed use to meet all of the above-described
requirements, it will be incumbent upon the applicant to furnish adequate
evidence in support of his application. If such evidence is not presented,
the zoning permit will be denied.
G.
Application for a zoning permit shall be made by the owner or lessee
of any building or structure, or the agent of either; provided, however,
that if the application is made by a person other than the owner or
lessee, it shall be accompanied by a written authorization of the
owner or the qualified person making the application, that the proposed
work is authorized by this owner. The full names and addresses of
the owner, lessee, applicant, and of the responsible officers, if
the owner or lessee is a corporate body, shall be stated in the application.
H.
The Zoning Officer may call upon other City of Lock Haven staff and/or
municipal-appointed consultants in the review of submitted materials
for applications.
I.
The Zoning Officer may revoke a permit or approval issued under the
provisions of this chapter in case of any false statement or misrepresentation
of fact in the application or on the plans which the permit or approval
was based or for any other cause set forth in this chapter.
J.
Where a zoning permit is required by this chapter, but the work is
commenced or changed prior to obtaining such permit, and after notice
by the City of Lock Haven, the fees set by ordinance or resolution
of the City Council for such permit shall be doubled. The doubling
of the permit fee shall be required to reflect the additional expense
incurred by the City of Lock Haven resulting from the need to inspect
the property, respond to any complaints, issue any enforcement notices,
and/or process the application as soon as it is received. The payment
of such increased permit fee shall not relieve any person from complying
with all requirements of this chapter or any other applicable the
City of Lock Haven ordinances or from any penalties or enforcement
actions authorized by this chapter.
K.
Issuance of permits. Upon receiving the application, the Zoning Officer
shall examine the same within a reasonable time after filing. If the
application or plans do not conform to the provisions of all pertinent
local laws, he shall reject such application in writing, stating the
reasons therefor. He shall inform the applicant of his right to appeal
to the Zoning Hearing Board in the event such application is rejected.
If satisfied that the proposed work and/or use conforms to the provisions
of this chapter and all laws and ordinances applicable thereto, and
that the certificate of use and occupancy as required herein has been
applied for, he shall issue a permit therefor as soon as practical
but not later than 90 days from receipt of the application.
L.
Reconsideration of application. An applicant whose request for a
permit has been denied by the Zoning Officer may make a later application
for a permit, provided all deficiencies which were the basis for the
prior denial of the permit have been eliminated. Additional fees may
apply as set by the City Council.
M.
Expiration of zoning permit. The permit shall expire after one year
from the date of issuance; provided, however, that the same may be
extended one time for one additional year, upon written request by
the applicant on a form provided by the City of Lock Haven.
N.
Compliance with chapter. The permit shall be a license to proceed
with the work and should not be construed as authority to violate,
cancel, or set aside any of the provisions of this chapter, except
as stipulated by the Zoning Hearing Board.
O.
Compliance with permit and plot plan. All work or uses shall conform
to the approved application and plans for which the permit has been
issued as well as the approved plot plan.
P.
Display of zoning permit. All approved zoning permits shall be prominently
displayed on the subject property during construction, renovation,
reconstruction, repair, remodeling or the conduct of other site improvements.
Such permit displays shall occur within five days of permit issuance,
or prior to the commencement of actual work on the site, whichever
occurs first. Such permit display shall be continuous until the site
receives its certificate of occupancy.
Q.
Inspections. Inspections of the property in question by the Zoning
Officer or other duly appointed official may be required at various
intervals during the construction process. By submitting an application
for a zoning permit, the landowner authorizes the City of Lock Haven
to perform such inspections as required.
A.
It shall be unlawful to use and/or occupy any structure, sign, land
area or portion thereof for which a zoning permit is required until
a certificate of use and occupancy for such activity has been issued
by the Zoning Officer.
B.
The City of Lock Haven staff may permit the zoning permit application
to serve as the application for the certificate of use and occupancy.
C.
The certificate of use and occupancy shall only be issued by the
Zoning Officer if the Zoning Officer determines that the activity
complies with this chapter, to the best knowledge of the Zoning Officer.
D.
The applicant shall keep a copy of the certificate of use and occupancy
available for inspection.
E.
Upon request of the applicant, the Zoning Officer may issue a temporary
certificate of use and occupancy. Such temporary certificate may permit
an activity to occur in all or part of a structure before the entire
work covered by the zoning permit has been completed.
(1)
However, such temporary certificate shall only be issued if
the applicant proves to the Zoning Officer that the activity or occupancy
can occur safely without endangering public health or safety.
(2)
The temporary certificate shall establish in writing a maximum
time period under which it is valid. A six-month maximum time period
shall apply if not otherwise specified.
(3)
Failure to receive a permanent certificate of use and occupancy
within such time period shall be a violation of this chapter.
(4)
The temporary certificate may be conditioned upon compliance
with certain specific requirements within certain time periods.
F.
The Zoning Officer shall inspect any structure, building, or sign
within 10 days upon notification that the proposed work that was listed
under a zoning permit has been completed, and if satisfied that the
work is in conformity and compliance with the work listed in the issued
permit and all other pertinent laws, he shall issue a certificate
of use and occupancy for the intended use listed in the original application.
Where a building permit is required under the City of Lock Haven Building
Code,[1] a certificate of use shall not be issued until a final
inspection by the Building Code Official is complete and found to
be satisfactory.
A.
A sign permit for a temporary or permanent sign may be issued by the Zoning Officer for signs in accordance with § 410-103 of this chapter.
B.
No permanent or temporary sign as described in this chapter shall be erected until a permit therefor has been issued by the Zoning Officer, unless specified in Article XVII of this chapter.
C.
The party erecting a sign shall be the applicant for a sign permit.
Application to the Zoning Officer shall be processed within one week
upon receipt of the written request to erect a sign and payment of
a fee is predetermined from a fee schedule adopted by the City Council;
provided, the size and nature of the sign is in conformity with the
provisions of this chapter and all other effective and applicable
ordinances. Refusal for a sign permit shall include a written statement
to the applicant citing specific sections of this chapter containing
the reasons for denial.
A.
A permit for a temporary or permanent use or structure may be issued
by the Zoning Officer for any of the following:
(1)
Customary, routine and accessory short-term special events,
including but not limited to: Christmas tree sales in any zoning district;
carnival, circus, street fairs or bazaar-type events in any zoning
district; and mobile amusement and lighting equipment for promotion,
advertisement, and grand openings in nonresidential zoning districts;
provided that only a well-established nonprofit organization or a
permitted place of worship proposing a temporary use demonstrates
clearly that the proposed use will primarily serve a charitable, public
service or religious purpose in order to be eligible to receive approval
for commercial-type activities in a district where a commercial use
would not otherwise be permitted.
(2)
Temporary storage and office trailers that are necessary to
serve on-site construction, while such construction is actively underway.
(3)
Such other activities that the applicant proves are routine,
customary and temporary.
B.
The Zoning Officer may require reasonable safeguards to be made so
that the temporary use or structures do not endanger the health, safety
and welfare of the public.
C.
Time period. The Zoning Officer shall state a reasonable maximum
time period on the temporary permit. If no time limit is stated, then
a six-week-maximum period shall apply. A temporary permit may be renewed
for a maximum of two additional weeks during any one calendar year
for just cause, unless otherwise specified in this chapter.
D.
There shall be no fee required.
A.
Permitted-by-right uses. The Zoning Officer shall issue a zoning
permit under this chapter in response to an application for a use
that is "permitted by right" if it meets all of the requirements of
this chapter.
B.
Special exception use. A zoning permit under this chapter for a use
requiring a special exception permit shall be issued by the Zoning
Officer only in response to a written approval by the Zoning Hearing
Board, following a hearing, and compliance with any conditions by
the Zoning Hearing Board and any conditions required by this chapter.
C.
Conditional use. A zoning permit under this chapter for a use requiring
a conditional use permit shall be issued by the Zoning Officer only
in response to a written approval by the City Council, following a
hearing, and compliance with any conditions by the City Council and
any conditions required by this chapter.
D.
Application requiring a variance. A permit under this chapter for
a use requiring a variance shall be issued by the Zoning Officer only
in response to a written approval by the Zoning Hearing Board, following
a hearing, and compliance with any conditions by the Zoning Hearing
Board.
A.
Submittal. All applications for a zoning permit shall be made in
writing on a form provided by the City of Lock Haven. Such completed
application, with required fees, shall be submitted to the Zoning
Officer.
B.
Site plan. The applicant shall submit a minimum of two copies of
a site plan with the application if the application involves a new
principal building, expansion of a principal building or addition
of three or more parking spaces. The site plan shall be drawn to scale
and show the following:
(1)
Locations, dimensions and uses of existing and proposed structures,
parking and loading areas, and location of existing and proposed uses
of areas of land, with existing features clearly distinguished from
proposed features.
(2)
Notes showing the dimensions of all buildings from lot lines
and street rights-of way.
(3)
Location of any watercourses and any one-hundred-year floodplain.
(4)
Proposed lot areas, lot widths and other applicable dimensional
requirements.
(5)
Locations and widths of existing and proposed sidewalks.
C.
Additional information. Any application under this chapter shall
include the following information, unless the Zoning Officer determines
such information is unnecessary to determine compliance with this
chapter:
(1)
Address of the lot.
(2)
Name and address of the applicant, and of the owner of the property,
if different from the applicant.
(3)
Description of the proposed use of the property.
(4)
All other applicable information listed on the official the
City of Lock Haven application form.
(5)
Such additional information that the Zoning Officer may determine
is reasonably necessary to determine compliance with this chapter.
(6)
Applications for zoning permits in all residential and the CBD Zoning Districts In addition to the information required in § 410-145 of this chapter, applications for the construction of new principal buildings or additions/alterations to existing principal buildings in all residential and the CBD Zoning Districts shall be submitted with the following information:
D.
Application for zoning permits for uses in all commercial and industrial
zones (excluding demolition permits) shall include the following:
(1)
A location plan showing the tract to be developed, zone boundaries,
adjoining tracts, significant natural features, and streets for a
distance of 200 lineal feet from all tract boundaries;
(2)
A plot plan certified by a professional surveyor or engineer
of the lot showing the location of all existing and proposed buildings,
driveways, parking lots showing access drives, circulation patterns,
curb cut accesses, parking stalls, access from streets, screening
fences and walls, waste disposal fields or other methods of sewage
disposal, other construction features on the lot, and the location
of all topographical features;
(3)
A description of the operations proposed in sufficient detail
to indicate the effects of those operations in producing traffic congestion,
noise, glare, air pollution, water pollution, vibration, fire hazards,
safety hazards, or the emission of any potentially harmful or obnoxious
matter or radiation;
(4)
Evidence that the disposal of materials and wastes will be accomplished
in a manner that complies with state and federal regulations. Such
evidence shall, at a minimum, include copies of contracts with waste
haulers licensed to operate within the City of Lock Haven which have
been contracted to dispose of the materials used and wastes generated
on-site. The zoning permit shall remain valid only so long as such
contracts remain in effect and all materials and wastes are properly
disposed of on a regular basis. Should the nature of the use change
in the future such that the materials used or wastes generated change
significantly, either in type or amount, the owner shall so inform
the Zoning Officer, and shall provide additional evidence demonstrating
continued compliance with the requirements of this section;
(5)
Engineering plans for the handling of traffic, noise, glare,
air pollution, water pollution, vibration, fire hazards, or safety
hazards, smoke, or emission of any potentially harmful or obnoxious
matter or radiation;
(6)
Designation of the manner by which sanitary sewage and stormwater
shall be disposed and water supply obtained;
(7)
The proposed number of shifts to be worked and the maximum number
of employees on each shift;
(8)
Where use by more than one firm is anticipated, a list of firms
which are likely to be located in the center, their floor area, and
estimated number of employees; and
(9)
Submission, approval and recordation of a subdivision or land
development plan, as required.
E.
Areas subject to flooding. If the proposed development, excavation or construction is located within an area subject to regulation by Article XV, Flood Damage Control Standards Overlay, the following information is specifically required to accompany all applications, as prepared by a licensed professional:
(1)
The accurate location and elevation of the one-hundred-year
floodplain and floodway.
(2)
The elevation, in relation to the datum referenced on the effective
maps, of the lowest floor, including basements.
(3)
The elevation, in relation to the datum referenced on the effective
maps, to which all structures and utilities will be flood-proofed
or elevated.
(4)
Where floodproofing is proposed to be utilized for a particular
structure, the zoning permit application shall be accompanied by a
document certified by a licensed professional engineer registered
by the Commonwealth of Pennsylvania, or a licensed professional architect
registered by the Commonwealth of Pennsylvania certifying that the
floodproofing methods used meet all applicable codes and ordinances.
F.
City of Lock Haven Building Code. Where the proposed use is regulated
under the City of Lock Haven Building Code,[1] the applicant shall submit an application of building
permit concurrently with the zoning permit. A zoning permit will not
be issued until satisfactorily meeting the requirements of the City
of Lock Haven Building Code.
G.
Submittals for special exception or conditional uses. In addition
to the information listed above, an application for a special exception
or conditional use requiring a site plan and action by the Zoning
Hearing Board or City Council shall also include the following information,
unless the Zoning Officer determines that such information is not
necessary to determine compliance with this chapter:
(1)
Present zoning district and major applicable lot requirements.
(2)
For nonresidential use:
(a)
Description of the proposed nonresidential operations and storage
in sufficient detail to indicate potential nuisances and hazards regarding
noise, large truck traffic, glare, odors, dust, fire or toxic or explosive
hazards or other significant public health and safety hazards.
(b)
Maximum hours of operation.
(3)
Existing directions of stormwater flow (and any proposed revisions)
and any proposed methods of stormwater management.
(4)
Listing of any sections of this chapter from which a variance
is being requested.
(5)
Approximate locations of principal buildings and locations of
streets and alleys and zoning district boundaries within 100 lineal
feet of the boundaries of the tract, and description of uses of adjoining
properties (such as "funeral home" or "single-family detached dwelling").
(6)
Heights, locations, methods of illumination and intensity of
exterior lighting and sign lighting.
(7)
Name and address of person who prepared the site plan.
(8)
Signed acknowledgement of the site plan by the applicant.
(9)
Such additional information required under applicable sections
of this chapter.
A.
At least one copy of each zoning permit application and any other
zoning approvals shall be retained in the City of Lock Haven files.
B.
PennDOT permit. Where necessary for access onto a state road, a City
of Lock Haven zoning or building permit shall be automatically conditioned
upon issuance of a PennDOT highway occupancy permit.
A.
Revocation. The Zoning Officer shall revoke, withhold or suspend
a permit or approval issued under the provisions of this chapter in
the case of one or more of the following:
(1)
Any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based. (Note:
The Pennsylvania Criminal Code provides for penalties for providing
false information to a municipal employee in the carrying out of his/her
duties).
(2)
Upon violation of any condition lawfully imposed by the Zoning
Hearing Board for a special exception use or a variance.
(3)
Upon violation of any condition lawfully imposed by the City
Council for a conditional use.
(4)
Any work being accomplished or use of land or structures in
such a way that does not comply with this chapter or an approved site
plan or approved permit application.
(5)
Any other just cause set forth in this chapter.
B.
Appeals. A party with legitimate standing, or as otherwise provided
by state law, may appeal decisions made under this chapter within
the provisions of the Pennsylvania Municipalities Planning Code.[1] Such appeal shall occur within the time period established
by the MPC.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
If an application under this chapter would also be regulated by the City of Lock Haven Subdivision and Land Development Ordinance (SALDO), Chapter 352, then any permit or approval under this chapter shall automatically be conditioned upon compliance with the SALDO.
A.
For example, if an applicant applies for a permit for a single-family
detached dwelling on a proposed new lot, the construction permit for
such dwelling shall not be valid until after the lot is granted final
subdivision and land development approval and the lot is officially
recorded by the Clinton County Recorder of Deeds.
B.
After the permit under this chapter has been issued, the applicant
may undertake the action specified in the permit, in compliance with
other City of Lock Haven ordinances. However, it is recommended that
applicants wait 30 days to begin construction if there is a possibility
of an appeal by another party to have the permit revoked. Any commencement
of construction or a use within this thirty-day appeal period shall
be at the risk of the applicant.
All of the enforcement, violations and penalty provisions of
the Pennsylvania Municipalities Planning Code,[1] are hereby incorporated into this chapter by reference.
A.
Violations. Any person who shall commit or who shall permit any of
the following actions violates this chapter:
(1)
Failure to secure a zoning permit prior to a change in use of
land or structure, or the erection, construction or alteration of
any structure or portion thereof, or the excavation of land to prepare
for the erection, construction or alteration of any structure or portion
thereof.
(2)
Placement of false statements on or omitting relevant information
from an application for a zoning permit.
(3)
Undertaking any action in a manner which does not comply with
an approved zoning permit.
(4)
Violation of any conditions imposed by a decision of the Zoning
Hearing Board in granting a variance, special exception or other approval.
(5)
Violation of any condition imposed by a decision of the City
Council in granting a conditional use.
B.
Causes of action; enforcement; remedies.
(1)
Enforcement. If it appears to the City of Lock Haven that a
violation of this chapter has occurred, the City of Lock Haven shall
initiate enforcement proceedings by sending an enforcement notice.
Prior to sending an official enforcement notice, the Zoning Officer
may, at his/her option, informally request compliance.
(2)
Enforcement notice. The enforcement notice shall be sent 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. An enforcement notice shall state
the following, at minimum:
(a)
The name of the owner of record and any other person against
whom the municipality intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(d)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within a prescribed period of time in accordance
with procedures set forth in this chapter.
(f)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
(3)
Evidence and fees. In any appeal of an enforcement notice to
the Zoning Hearing Board, the City of Lock Haven shall have the responsibility
of presenting its evidence first. Any filing fees paid by a party
to an appeal to an enforcement notice to the Zoning Hearing Board
shall be returned to the appealing party by the City of Lock Haven
if the Zoning Hearing Board, or any court in a subsequent appeal,
rules in the appealing party's favor.
(4)
Cause of action. If the enforcement notice is not complied with,
within the specified time period, the Zoning Officer, City Solicitor,
or other officer of the City of Lock Haven may notify the City Council.
With the consent of the City Council, the City of Lock Haven Solicitor
or other officer of the City of Lock Haven may institute any appropriate
action or proceeding to prevent, restrain, correct or abate such building,
structure, landscaping or land, or to prevent in or about such premises,
any act, conduct, business or use constituting a violation.
(5)
Violations and penalties. Any person, partnership or corporation
who or which has violated or permitted the violation of the provisions
of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the City of Lock Haven, pay a
judgment of not more than $500 plus all court costs, including the
reasonable attorney's fees incurred by the City of Lock Haven 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
Magisterial District Judge. If the defendant neither pays nor timely
appeals the judgment, the City of Lock Haven 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 Magisterial District Judge, determining that there has been a violation,
further determines that there was a good-faith basis for the person,
partnership or corporation 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 by the Magisterial District Judge, and
thereafter each day that a violation continues shall constitute a
separate violation. All judgments, costs and reasonable attorney's
fees collected for the violation of this chapter shall be paid over
to the City of Lock Haven. Imprisonment shall not be authorized by
this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The City Council may, by resolution, establish fees for the
administration of this chapter. All fees shall be determined by a
schedule that is made available to the general public. The City Council
may reevaluate the fees schedule and make necessary alterations to
it. Such alterations shall not be considered an amendment to this
chapter and may be adopted at any public meeting of the City Council.
A.
Power of amendment. The City Council may from time to time, amend,
supplement, change or repeal this chapter, including the Official
Zoning Map. Any amendment, supplement, change or repeal may be initiated
by the City Planning Commission, the City Council or by a petition
to the City Council by an interested party.
B.
Hearing and enactment procedures for zoning amendments.
(1)
Public hearing. Before hearing and enacting a Zoning Ordinance
and/or Zoning Map amendments, the City Council shall conduct a public
hearing to inform the general public of the nature of the amendment,
and to obtain public comment. Such public hearing shall be conducted
after public notice (as defined herein and listed below) has been
given.
(2)
Public notice. Before conducting a public hearing, the City
Council shall provide public notice as follows:
(a)
Notice shall be published once each week for two successive
weeks in a newspaper of general circulation in City. Such notice shall
state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days, and the second publication shall not
be less than seven days from the date of the hearing. Publication
of the proposed amendment shall include either the full text thereof
or the title and brief summary, prepared by the municipal solicitor
and setting forth all the provisions in reasonable detail.
(b)
For Zoning Map amendments, public notice shall also include
the posting of a sign at conspicuous locations along the perimeter
of the subject property; these sign(s) shall be posted at least one
week prior to the hearing and will exhibit the nature, date, time,
municipality, location of the hearing.
(c)
In addition to the requirement that notice be posted on the
subject property, where the proposed amendment involves a Zoning Map
change, notice of the public hearing shall be mailed by City at least
30 days prior to the date of the hearing by first class mail to the
addresses to which real estate tax bills are sent for all real property
located within the area being rezoned, as evidenced by tax records
within the possession of City. The notice shall include the location,
date and time of the public hearing. The provisions of this section
shall not apply when the rezoning constitutes a comprehensive rezoning.
(d)
For curative amendments, public notice shall also indicate that
the validity of the chapter and/or map is in question, and shall give
the place where and the times when a copy of the request including
any plans, explanatory material or proposed amendments may be examined
by the public.
(e)
If, after any public hearing held upon an amendment, the proposed
amendment is changed substantially, or is revised, to include land
previously not affected by it, the City Council shall hold another
public hearing, pursuant to public notice, before proceeding to vote
on the amendment.
(3)
Enactment notice. In addition to the public notice requirements
defined herein, the City Council must publish a reference to the time
and place of the meeting at which passage of the chapter or amendment
will be considered, and a reference to a place within City where copies
of the proposed chapter or amendment may be examined without charge,
or obtained for a charge not greater than the cost thereof. Enactment
notice shall be published at least once in one newspaper of general
circulation in City not more than 60 days nor less than seven days
prior to passage. The published content of the enactment notice shall
be the same as that required for public notice described in the preceding
subsection.
(4)
City Planning Commission referrals. For amendments proposed
by parties other than the City Planning Commission, the City Council
shall submit each amendment at least 30 days prior to public hearing
to the City Planning Commission for review and comment. The City Planning
Commission shall submit a report of its review, together with any
recommendations, to the City Council within 45 days from the date
of said referral. The recommendation of the City Planning Commission
may include a specific statement as to whether or not the proposed
amendment is in accordance with the intent of this chapter and any
officially adopted Comprehensive Plan of City. The City Council cannot
act upon the amendment until it has received a recommendation from
the City Planning Commission; however, should the City Planning Commission
fail to submit its recommendation within 45 days, the City Council
may proceed without its recommendation.
(5)
Clinton County Planning Commission Referrals. All proposed amendments
shall be submitted to the Clinton County Planning Commission at least
30 days prior to public hearing on such amendments. The Clinton County
Planning Commission may submit recommendations to the City Council
within 45 days of such referral. The City Council cannot act upon
the amendment until it has received a recommendation from the Clinton
County Planning Commission; however, should the Clinton County Planning
Commission fail to submit its recommendation within 45 days, the City
Council may proceed without its recommendation.
(6)
Adjournment of public hearing. If during the public hearing
process, the City Council needs additional time to understand the
proposal, inform the public, receive public comment, and/or render
a decision, it may adjourn the public hearing to a specific time and
place.
(7)
Within 30 days after enactment, a copy of the amendment to this
chapter shall be forwarded to the Clinton County Planning Commission.
C.
Amendment initiated by the City Planning Commission. When an amendment,
supplement, change or repeal is initiated by the City Planning Commission,
the proposal shall be presented to the City Council, which shall then
proceed in the same manner as with a petition to the City Council
which has already been reviewed by the City Planning Commission.
D.
Amendment initiated by the City Council. When an amendment, supplement, change or repeal is initiated by the City Council, such amendment, supplement, change or repeal shall follow the procedure prescribed for a petition under Subsection B.
E.
Amendment initiated by a petition from an interested party. A petition
for amendment, supplement, change or repeal for a portion of this
chapter shall include an accurate legal description and surveyed plan
of any land to be rezoned, and all of the reasons supporting the petition
to be considered. The petition shall also be signed by at least one
record owner of the property in question, whose signature shall be
notarized attesting the truth and correctness of all the facts and
information presented in the petition. A fee to be established by
City 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. The City Council may require duplicate sets of petition materials.
F.
Curative amendment by a landowner. A landowner who desires to challenge
on substantive grounds the validity of this chapter or the Official
Zoning 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 City Council, including all of the reasons
supporting the request to be considered, with a written request that
his challenge and proposed amendment be heard and decided as provided
in the Pennsylvania Municipalities Planning Code.[1] The City Council shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Clinton County Planning Commission as provided for in Subsection B of this chapter and public notice of the hearing shall be provided as defined herein.
(1)
In reviewing the curative amendment, the City Council may deny
the request, accept the request as submitted, or may adopt an alternative
amendment which will cure the challenged defects. The City Council
shall consider the curative amendments, plans and explanatory material
submitted by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities.
(b)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of the chapter or map.
(c)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodland, wetlands, floodplains, aquifers,
natural resources and other natural features.
(d)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts.
(e)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
(2)
The City Council shall render its decision within 45 days after
the conclusion of the last hearing.
(3)
If the City Council fails to act on the landowner's request
within the time limits referred to above, a denial of the request
is deemed to have occurred on the 46th day after the close of the
last hearing.
(4)
Public notice of the hearing shall include notice that the validity
of the chapter or Zoning Map is in question and shall give the place
where and the times when a copy of the request including any plans,
explanatory material or proposed amendments may be examined by the
public.
(5)
The challenge shall be deemed denied when:
(a)
The City Council fails to commence the hearing within 60 days;
(b)
The City Council notified the landowner that it will not adopt
the curative amendment;
(c)
The City Council adopts another curative amendment which is
unacceptable to the landowner; or
(d)
The City Council fails to act on the request 45 days after the
close of the last hearing on the request, unless the time is extended
by mutual consent by the landowner and municipality.
(6)
Where curative amendment proposal is approved by the grant of
a curative amendment application by the City Council pursuant to this
section or a validity challenge is sustained by the Zoning Hearing
Board or the court acts finally on appeal from denial of a curative
amendment proposal or a validity challenge, and the proposal or challenge
so approved requires a further application for subdivision or land
development, the developer shall have two years from the date of such
approval for a subdivision, land development or planned residential
development. Within the two-year period, no subsequent change or amendment
in the zoning, subdivision or other governing ordinance or plan shall
be applied in any manner which adversely affects the rights of the
applicant as granted in the curative amendment or the sustained validity
challenge. Upon the filing of the preliminary or tentative plan, the
provisions of the Pennsylvania Municipalities Planning Code[2] shall apply.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(7)
Where the proposal appended to the curative amendment application or the validity challenge is approved but does not require further application under Chapter 352, Subdivision and Land Development, the developer shall have one year within which to file for a zoning permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of applicant as granted in the curative amendment or the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purposes of awarding such supplemental relief as may be necessary.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
Curative amendment by the City Council.
(1)
The City Council, by formal action, may declare this chapter
or portions thereof substantively invalid and propose to prepare a
curative amendment to overcome such invalidity. Within 30 days following
such declaration proposal, the City Council shall:
(2)
Within 180 days from the date of the declaration and proposal,
the City Council shall enact a curative amendment to validate or reaffirm
the validity of this chapter pursuant to the provisions required by
the Pennsylvania Municipalities Planning Code[3] in order to cure the declared invalidity of the chapter.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
Upon the date of the declaration and proposal, the City Council
shall not be required to entertain or consider any curative amendment
filed by a landowner. Nor shall the Zoning Hearing Board be required
to give a report, upon request, for a challenge to the validity of
the chapter subsequent to the declaration and proposal, based upon
the grounds identical to or substantially similar to those specified
in the resolution required by this section. Upon the enactment of
a curative amendment to, or the reaffirmation of the validity of this
chapter, no rights to a cure by amendment or challenge shall, from
the date of the declaration and proposal, accrue to any landowner
on the basis of the substantive invalidity of the City of Lock Haven
Zoning Ordinance for which the City Council propose to prepare a curative
amendment.
(4)
The City Council, having utilized the procedures as set forth
in this section, may not again utilize said procedures for a thirty-six-month
period following the date of the enactment of a curative amendment,
or reaffirmation of the validity of the chapter; provided, however,
that if after the date of declaration and proposal there is a substantially
new duty or obligation imposed upon City by virtue of a decision by
any court of competent jurisdiction, the City Council may utilize
the provisions of this section to prepare a curative amendment to
the chapter to fulfill this duty or obligation.
H.
Authentication of Official Zoning Map. Whenever there has been a
change in the boundary of a zone or a reclassification of the zone
adopted in accordance with the above, the change on the Official Zoning
Map shall be made, and shall be duly certified by the City Clerk/Manager
and shall thereafter be refilled as part of the permanent records
of City.
The City Council shall hear and decide requests for conditional
use upon application as provided for and following the procedures
set forth in this section of this chapter and subject to all applicable
requirements, including but not limited to:
A.
General criteria. Each applicant must demonstrate compliance with
the following:
(1)
The proposed use shall be consistent with the purpose and intent
of this chapter.
(2)
The proposed use shall not detract from the use and enjoyment
of adjoining or nearby properties.
(3)
The proposed use will not effect a change in the character of
the subject property's neighborhood.
(4)
Adequate public facilities are available to serve the proposed
use (e.g., schools, fire, police and ambulance protection, sewer,
water, and other utilities, vehicular access, etc.).
(5)
The proposed use complies with Article XV of this chapter regarding flood damage control standards.
(6)
The proposed use shall comply with those criteria specifically listed in Article XX of this chapter. In addition, the proposed use must comply with all other applicable regulations of this chapter.
(7)
The proposed use will not substantially impair the integrity
of the City of Lock Haven Comprehensive Plan.
B.
Filing of conditional use. In addition to the information required
on the zoning permit application, the conditional use application
must show:
(1)
Ground floor plans and elevations of proposed structures.
(2)
Names and addresses of adjoining property owners, including
properties directly across a public right-of-way.
(3)
A scaled drawing (site plan) of the site with sufficient detail
and accuracy to demonstrate compliance with all applicable provisions
of this chapter.
(4)
A written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions of this chapter.
C.
Referral to City Planning Commission. All applications for a conditional
use shall be referred to the City of Lock Haven Planning Commission
at least 30 days prior to the hearing held upon an application to
provide the City Planning Commission an opportunity to submit recommendations.
However, the City Council shall meet the time limits for a decision
provided in this article, regardless of whether the City Planning
Commission has provided comments.
D.
Conditions. The City Council, in approving conditional use applications,
may attach conditions considered necessary to protect the public welfare
and the purposes listed above, including conditions which are more
restrictive than those established for other uses in the same zone.
These conditions shall be enforceable by the Zoning Officer and failure
to comply with such conditions shall constitute a violation of this
chapter.
E.
Site plan approval. Any site plan presented in support of the conditional
use shall become an official part of the record for said conditional
use. Approval of any conditional use will also bind the use in accordance
with the submitted site plan; therefore, should a change in the site
plan be required as part of the approval of the use, the applicant
shall revise the site plan prior to the issuance of a zoning permit.
Any subsequent change to the use on the subject property not reflected
on the originally approved site plan shall require the obtainment
of another conditional use approval.
F.
Hearing procedures. The hearing shall be conducted by the City Council
or the City Council may appoint any member or an independent attorney
as a hearing officer. The decision, or, where there is no decision,
the findings shall be made by the City Council. However, the appellant
or the applicant, as the case may be, in addition to City, may, prior
to the decision of the hearing, waive decision or findings by the
City Council and accept the decision or findings of the hearing officer
as final.
G.
Application.
(1)
All action before the City Council shall be initiated by a written
application for hearing, which shall be filed with the Zoning Officer
at least three weeks prior to the meeting at which time the matter
is to be heard along with all maps, plans and text which may be relevant
to the request. All applications shall be made on forms specified
by the City Council. No application shall be accepted unless the same
shall be fully and legibly completed and unless all exhibits and supplemental
material required by the application shall be attached and until all
fees required shall have been paid.
(2)
The Zoning Officer shall transmit the request and any information
received therewith, along with his file on said issue forthwith to
the City Council.
H.
Fees. The City Council may prescribe reasonable fees with respect
to hearings before the City Council. Fees for said hearings may include
compensation for the secretary, notice and advertising costs and necessary
administrative overhead connected with the hearing. The costs, however,
shall not include legal expenses of the City Council, expenses for
engineering, architectural or other technical consultants or expert
witness costs.
I.
Hearing schedule. The City Council may conduct hearings and make
decisions at any regular or special meeting. In no instance will a
hearing be scheduled later than 60 days from the date of the applicant's
request for a hearing, unless the applicant has agreed in writing
to an extension of time.
J.
Notification of hearing.
(1)
Whenever a hearing has been scheduled, public notice shall be
given to the general public by means of publication once each week
for two successive weeks in a newspaper of general circulation within
the community. Such notice shall state the time and place of the hearing
and the particular nature of the matter to be considered. The first
publication shall not be more than 30 days and the second publication
shall not be less than seven days prior to the date of the hearing.
(2)
Written notice shall be given to the applicant, the City Planning
Commission, the Zoning Officer and to any person who has made timely
request for such notice.
(3)
In addition to the notice provided herein, the Zoning Officer
shall conspicuously post notice of said hearing on the affected tract
of land no less than seven days prior to the date of the hearing.
(4)
The applicant shall, at least five days prior to the time appointed
for said hearing, give personal notice to all owners of property within
200 lineal feet of the affected property by either handing a copy
thereof to the said property owner(s) or by leaving a copy at their
usual place of abode or by sending written notification by certified
mail/return receipt requested to the last known address of the property
owner(s).
(a)
Where the owner(s) are a partnership, service upon any partner
as above provided shall be sufficient, and where the owner(s) are
corporations, service upon any officer, as above set forth, shall
be sufficient.
K.
Conduct of hearing. The hearing shall be conducted by the City Council.
The decision, or where no decision is called for, the findings, shall
be made by the City Council; however, the appellant or the applicant,
as the case may be, in addition to the City, may, prior to the decision
of the hearing, waive decision or findings by the City Council and
accept the decision or findings of the hearing as final.
(1)
Order of hearing.
(a)
Hearing called to order.
(b)
Chairman's statement of reason for hearing.
(c)
Chairman's statement of parties to hearing.
(d)
Identification of other parties wishing to be heard.
(e)
Outline of procedures to be followed during hearing.
(i)
Other testimony and evidence.
(j)
Rebuttal by applicant.
(k)
Rebuttal by objectors.
(l)
Concluding remarks and notice of when decision is expected to
be made.
(m)
Adjournment of hearing.
(2)
Record. The City Council shall keep a stenographic record of
the proceedings. The appearance fee for a stenographer shall be shared
equally by the applicant and the City Council. A transcript of the
proceedings and copies of graphic or written material received in
evidence shall be made available to any party at cost. The cost of
the original transcript shall be paid by the City Council if the transcript
is ordered by the City Council or shall be paid by the person appealing
from the decision of the City Council if such appeal is made, and
in either event the cost of additional copies shall be paid by the
person requesting such copy or copies. In other cases, the party requesting
the original transcript shall bear the cost thereof.
(3)
Parties. The parties to the hearing shall be the City, any person
affected by the application who has made timely appearance of record
before the City Council and any other person, including civic or community
organizations permitted to appear by the City Council. All persons
who wish to be considered parties shall enter appearances, in writing,
on forms provided by the City Council for that purpose. Persons aggrieved
shall not be denied standing because they do not reside nor have a
property interest within the municipal boundaries.
(4)
Representation. All parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument, and to cross-examine adverse witnesses on all
relevant issues.
(5)
Witnesses. All witnesses shall testify under oath. The Chairman
or acting Chairman of the City Council presiding shall have power
to administer oaths and issue subpoenas to compel the attendance of
witnesses and the production of relevant documents and papers, including
witnesses and documents requested by the parties.
(6)
Evidence. The City Council shall not be bound by strict rules
of evidence, but it may exclude irrelevant, immaterial, incompetent
or unduly repetitious testimony or evidence. The Chairman shall rule
on all questions relating to the admissibility of evidence, which
may be overruled by a majority of the City Council.
(7)
Communication. The City Council shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved, except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda or other materials, except advice from the
City Solicitor, unless the parties are afforded an opportunity to
contest the material so noticed and shall not inspect the site or
its surroundings after the commencement of hearings with any party
or his representative unless all parties are given an opportunity
to be present.
(8)
Decisions.
(a)
The City Council shall render a written decision, or when no
decision is called for, make written findings within 45 days after
the last hearing before the City Council. Where the application is
contested or denied, each decision shall be accompanied by findings
of fact and conclusions based thereon together with reasons therefor.
Conclusions based on any provisions of this chapter or the MPC shall
contain a reference to the provision relied on and the reasons why
the conclusion is deemed appropriate in the light of the facts found.
(b)
The City Council shall conduct its deliberations and vote on
all matters in public session at the meeting in which evidence is
concluded. If additional time for deliberation is necessary, the City
Council shall reschedule the deliberations to a date within the allotted
forty-five-day time limit.
(c)
All matters shall be decided by a roll call vote. Decisions
on any matter before the City Council shall require the affirmative
vote of those present and voting unless otherwise specified herein.
(d)
No member of the City Council shall sit in hearing or vote on
any matter in which he is personally or financially interested. Said
member shall not be counted by the City Council in establishing the
quorum for such matters.
(e)
No member of the City Council shall vote on the adjudication
of any matter unless he has attended the public hearing thereon.
(f)
A tie vote shall be considered a rejection of the application
under consideration. However, if a person aggrieved has appealed the
grant of a permit or approval, a tie vote upholds the prior approval.
(g)
A copy of the final decision or, where no decision is called
for, of the findings shall be delivered to the applicant personally
or mailed to him not later than the next business day following its
date. To all other persons who have filed their name and address with
the City Council not later than the last day of the hearing, the City
Council shall provide, by mail or otherwise, brief notice of the decision
or findings and a statement of the place at which the full decision
or findings may be examined.
(9)
Continuances. On its own motion, or by any party to the proceeding
or on approval of requests by applicant, appellants or their authorized
agents, the City Council may provide for continuances of cases on
which hearings have begun. Such continuances shall be permitted only
for good cause stated in the motion and, unless time and place is
stated, shall require new public notice, with fees paid by applicants
or appellants if continuances are at their request or result from
their actions. A notice of the place, date and time of the continued
hearing shall also be posted prominently at the municipal office where
the hearing will be continued.
(10)
Failure to hold hearing or render decision. Where the City Council fails to render a decision within the period required, or fails to hold a hearing within the period required, the decision shall be deemed to have been rendered in favor of the applicant unless otherwise specified in the MPC. However, failure to act on a validity challenge results in a deemed denial. When a decision has been rendered in favor of the applicant because of the failure of the City Council to meet or render a decision, the City Council shall give public notice of deemed approval within 10 days from the last day it could have met to render a decision in the same manner as in Subsection K(8) hereinabove.
L.
Time limitation.
(1)
If a conditional use is granted, the necessary permit shall
be secured and the authorized action begun within two years after
the date when the conditional use is finally granted, and the building
or alteration, as the case may be, shall be completed within three
years of said date. For good cause, the City Council may at any time,
upon application in writing, extend either of these deadlines.
(2)
Should the appellant or applicant fail to obtain the necessary
permits within said two-year period, or having obtained the permit,
should he fail to commence work thereunder within such two-year period,
it shall be conclusively presumed that the appellant or applicant
has waived, withdrawn, or abandoned his application, and all approvals
and permits granted to him shall be deemed automatically rescinded
by the City Council.
(3)
Should the appellant commence construction or alternation within
said two-year period, but should he fail to complete such construction
or alteration within said three-year period, the City Council may,
upon 10 days' notice in writing, rescind or revoke the granted conditional
use, if the City Council finds that no good cause appears for the
failure to complete within such three-year period, and if the City
Council further finds that conditions have altered or changed in the
interval since the granting of the conditional use that revocation
or rescission of the action is justified.
(4)
As an alternative to the preceding, an applicant can request,
as part of the original application before the City Council, the granting
of a timetable associated with the request which would supersede the
deadlines imposed in this article. In so doing, the applicant must
demonstrate that the times requested are logically related to normal
and expected progress of the project. In approving a timetable under
this section, the City Council must establish and bind a definite
time frame for: issuance of a zoning permit; and completion of construction
of the project.
