The provisions of this chapter shall be administered and enforced
by the Zoning Officer who shall be appointed by the Borough Council
and may not hold any elective office in the Borough.
It shall be the duty of the zoning Officer and he shall have
the power to:
1.
Receive and examine all applications for zoning permits, and issue
permits when there is compliance with the provisions of this chapter;
2.
Receive zoning permit applications for special exceptions, variances,
and special use permits and forward these applications to the Borough
Planning Commission and/or the Zoning Hearing Board for action thereon
in accordance with all applicable provisions of this chapter;
3.
Following refusal of a zoning permit, to receive applications for
interpretations, appeals and variances and forward these applications
to the Zoning Hearing Board for action thereon;
4.
Conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter;
5.
Issue, stop, cease, and desist orders, and order in writing correction
of all conditions found to be in violation of the provisions of this
chapter. Such written orders shall be served personally or by certified
mail upon persons, firms, or corporations deemed by the Zoning Officer
to be violating the terms of this chapter. It shall be unlawful for
any person to violate any such order lawfully issued by the Zoning
Officer, and any person violating such order shall be guilty of a
violation of this chapter;
6.
With the approval of the Borough Council, or when directed by them,
institute in the name of the Borough any appropriate action or proceedings
to prevent the unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use; to restrain, correct or abate
such violations, so as to prevent the occupancy of or use of any building,
structure or land, or to prevent any illegal act, conduct, business
or use in or about such premises;
7.
Revoke any order or zoning permit issued under a mistake of fact
or contrary to the law of the provisions of this chapter;
8.
Record and file all applications for zoning permits with the accompanying
plans and documents and keep an official record of all business and
activities, including complaints of a violation of any of the provisions
of this chapter and of the subsequent action taken on each such complaint.
All such records shall be open to public inspection. File copies of
all applications received, permits issued, reports and inspections
made in connection with any structure, building or land;
9.
Maintain a map or maps showing the current zoning classification
of all land in the city;
10.
Upon the request of Borough Council, the Planning Commission or the
Zoning Hearing Board, present facts, records or reports which they
may request to assist such body in making decisions;
11.
Review and approve or deny temporary permits which shall be issued
for a period not to exceed one year and which may be renewed annually
for the following two years for the following:
A.
For nonconforming uses incidental to housing and construction projects
and including such structures and uses as storage of building supplies
and machinery, and a real estate office located on the tract being
offered for sale, provided such permits are issued only upon agreement
by the owner to remove the structure upon expiration of the permit;
B.
For structures or uses which are deemed by the Zoning Officer to
be beneficial to the public health and necessary to the public welfare.
12.
The Zoning Officer shall identify, register and map all nonconforming
uses and nonconforming structures created as a result of the adoption
of this chapter or created as a result of amendments thereto.
All applications for zoning permits shall be made in writing
by the owner, or authorized agent on a form supplied by the Borough
and shall be filed with the Zoning Officer.
1.
An application for a zoning permit shall include the following information,
where applicable:
A.
A statement as to the proposed use of the building or land;
B.
A site layout, drawn to scale, showing the location, dimensions and
height of proposed buildings, structures, or uses and any existing
buildings in relation to property and street lines. If the application
relates to property which is scheduled to be developed in successive
stages, such plans shall show the relationship of the portion scheduled
for initial development to the proposed layout of the entire property;
C.
The location, dimensions and arrangements of all open spaces, yards
and buffer yards including methods to be employed for screening;
D.
The location, size, arrangement and capacity of all areas to be used
for motor vehicle access, off-street parking, off-street loading and
unloading, and provisions to be made for lighting such areas;
E.
The dimensions, location and methods of illumination for signs if
applicable;
F.
The location and dimension of sidewalks and all other areas to be
devoted to pedestrian use;
G.
Provisions to be made for treatment and disposal of sewage and industrial
wastes, water supply and storm drainage;
H.
The capacity and arrangement of all buildings used or intended to
be used for dwelling purposes, including the proposed density in terms
of number of dwelling units per acre of land;
I.
A description of any proposed industrial or commercial operations
in sufficient detail to indicate effects of those operations in producing
noise, glare, air pollution, water pollution, fire hazards, traffic
congestion, or other safety hazards;
J.
Description of methods to be employed in controlling any excess noise,
air pollution, smoke, fumes, water pollution, fire hazards or other
safety hazards;
K.
Any additional information required by the Zoning Officer or Zoning
Hearing Board for the purpose of interpretations, variances, special
exceptions or other appeals;
L.
Any data deemed necessary by the Zoning Officer, Planning Commission,
Borough Engineer or Borough Council to enable them to determine the
compliance or noncompliance of a proposed development with the terms
of this chapter;
M.
Prior application for and receipt of an Erosion and Sedimentation
Control Plan Permit when required by the Pennsylvania Department of
Environmental Resources.
2.
A zoning permit must be secured prior to starting construction, erection
or alteration of any building, structure or portion thereof;
3.
A zoning permit shall be granted or denied within 30 days of receipt
of written application;
4.
Zoning permits shall be issued in duplicate and one copy shall be
displayed conspicuously on the premises at all times;
5.
No zoning permit for construction, erection or alteration of any
building, structure or portion thereof, shall be valid for more than
six months unless work at the site has commenced.
All applications for zoning permits, special exceptions and
interpretations, variances and appeals shall, at the time of making
application, pay to the Borough, a fee in accordance with a fee schedule
adopted by resolution of the Borough Council upon the enactment of
this chapter or as such schedule may be changed by subsequent resolution.
1.
Where an appeal for a hearing before the Zoning Hearing Board is
withdrawn, a refund shall be granted only if requested 48 hours prior
to the publishing of the legal ad by the local newspaper.
Any erection, construction, reconstruction, alteration or removing
of a building or other structure authorized by a zoning permit shall
be commenced, and any change in use of a building or land authorized
by a zoning permit shall be undertaken within six months after the
date of issuance of the permit. However, in case of erection or construction
of a building, the right to proceed with construction may be extended
annually without payment of additional fees for an aggregate period
of not more than 30 calendar months, provided that the construction
pursuant to said permit has commenced within the first six-month period.
[As added by Ord. 910, 12/2/2009, § 5]
1.
Purpose. The conditional use approval process is designed to allow
the Borough Council to review and approve certain uses that could
have significant impacts upon the community and the environment.
2.
Procedure. The Borough Council shall consider the conditional use
application and render its decision in accordance with the requirements
of the Pennsylvania Municipalities Planning Code.
A.
Submittal. A site plan shall be submitted which shall include sufficient
information to determine compliance with this chapter. If a fully
engineered subdivision or land development plan will be required,
it may be submitted separately, such as after a conditional use is
approved:
B.
Reviews.
(1)
The Zoning Officer shall provide a review to the Borough Council
regarding the compliance of the application with this chapter.
(2)
The Borough Staff shall submit a conditional use application
to the Planning Commission for any review that the Commission may
wish to provide. However, the Borough Council shall meet the time
limits for a decision, regardless of whether the Planning Commission
has provided comments.
C.
The only uses that shall be approved as conditional uses shall be
those listed as conditional uses in applicable district.
D.
Time Limit. Borough Council shall render a written decision on each
conditional use application within 45 days after the last hearing
on the application or as may be provided otherwise in § 913.2
of the Pennsylvania Municipalities Planning Code. For a conditional
use application, the same provisions shall apply for notice of persons
that apply for a special exception use application.
3.
Consideration of Conditional Use Applications. The Borough Council
shall hear and decide requests for conditional uses in accordance
with standards established by this chapter, including the following:
A.
Compliance with this chapter. The applicant shall establish by credible
evidence that the application complies with all applicable requirements
of this chapter. The applicant shall provide Borough Council with
sufficient plans, testimony, studies or other information to demonstrate
this compliance.
B.
Compliance with Other Laws. The approval may be conditioned upon
the applicant later showing proof of compliance with other specific
applicable Borough, state and federal laws, regulations and permits.
Required permits or other proof of compliance may be required to be
presented to the Borough prior to the issuance of any zoning permit,
building permit, certification of occupancy and/or recording of an
approved plan.
C.
Traffic. The applicant shall establish that the traffic from the
proposed use will be accommodated in a safe and efficient manner that
will minimize hazards and congestion, after considering any improvements
proposed to be made by the applicant as a condition on approval.
D.
Site Planning. The application shall include proper site layout,
internal circulation, parking, buffering, and all other elements of
proper design as specified in this chapter.
E.
Safety. The proposed use shall not create a significant hazard to
the public health and safety, such as fire, toxic or explosive hazards.
4.
Conditions. In approving conditional use applications, the Borough
Council may attach conditions they consider necessary to protect the
public welfare and meet the standards of this chapter. These conditions
shall be enforceable by the Zoning Officer and failure to comply with
such conditions shall constitute a violation of this chapter and be
subject to the penalties described in this chapter.
[As added by Ord. 910, 12/2/2009, § 5; as amended by Ord. 968, 4/17/2013; and by Ord. 969, 4/17/2013]
1.
Commercial Communications Antennae/Tower as principal or accessory
use.
A.
Purposes. These provisions for commercial communications antenna/towers
are primarily designed to serve the following purposes, in addition
to the overall objectives of this chapter:
(1)
To protect property values.
(2)
To minimize the visual impact of antenna/towers, particularly
considering the importance of the scenic beauty of the area in attracting
visitors for outdoor recreation.
(3)
To minimize the number and heights of towers in a manner that
still provides for adequate telecommunications services.
B.
Commercial communications antenna and towers shall not be allowed in a residential district. Section 27-405, Subsection 4, provides that certain antennas of limited height are allowed in all commercial and industrial districts. Any other commercial communications antenna/tower shall only be allowed where provided in § 27-405, Subsection 4, and shall meet the following additional requirements:
(1)
Such antenna/tower shall be set back from each lot line of a
lot occupied by an existing principal dwelling a distance that at
least as long as the total height of the antenna/tower, above the
surrounding ground level.
(2)
Such antenna/tower shall be set back from street right-of-way line and each lot line that is not regulated by Subsection 1 above a distance that at least one-half as long as the total height of the antenna/tower above the surrounding ground level.
(3)
An easement or lease arrangement may be used without meeting
the setback requirement from the edge of the easement or leased area,
provided that there are legal safeguards to ensure that the setback
will continue to be met over time from a lot line.
(4)
A tower attached to the ground shall be surrounded by a security
fence/gate with a minimum height of eight feet and evergreen plantings
or preserved vegetation with an initial minimum height of four feet
if the fencing will be visible from a public street or dwelling.
(5)
See structural and wind resistance requirements of the Construction
Code.
(6)
The applicant shall describe in writing the policies that will
be used to offer space on a tower to other communications providers,
which shall serve to minimize the total number of towers necessary
in the region. This policy shall be designed to minimize the total
number of towers necessary in the Borough.
(7)
An applicant for a new commercial communications tower shall
provide written evidence that they have investigated co-locating their
facilities on an existing tower and other tall structures and have
found such alternative to be unworkable. The reasons shall be provided.
(8)
A maximum total height of 150 feet above the ground shall apply.
(9)
The application shall describe any proposed lighting. The Borough
may require lighting of an antenna even if it will not be required
by the Federal Aviation Administration, to provide protection for
emergency medical helicopters. Strobe lighting shall not be used,
but flashing lights maybe used.
(10)
The applicant shall describe in writing any measures that will
be used to decrease the visual intrusiveness of a new tower.
(11)
Any antenna and tower that is no longer in active use shall
be completely removed within six months after the discontinuance of
use. The operator shall notify the Zoning Officer in writing after
the antenna or tower use is no longer in active use. Any lease shall
require such removal by the owner of the antenna/tower. Any lease
should provide that the lease shall expire once the antenna/tower
is removed.
(12)
Accessory utility buildings or cabinets shall have a maximum
height of 10 feet and meet principal building setbacks.
(13)
Emergency generators shall be installed with sound deading devices.
C.
A communications tower or antenna that is owned and/or operated by
the Borough or Monroe County for emergency communications only is
exempt from the requirements of this chapter.
