[Ord. 498, 9/13/2016, § 1001]
1.
It shall be unlawful to use or occupy any structure or lot or part thereof until zoning approval has been issued by the Borough. Further, no structure shall be erected, added to or otherwise have any structural alterations made to it until zoning approval has been issued by the Borough. No zoning approval shall be issued until prior approvals and requirements of this Chapter and the Borough's Subdivision and Land Development Ordinance [Chapter 22] have been complied with, including but not limited to conditional use, use by special exception and recording of the final plat of a subdivision or land development. Any zoning approval issued in conflict with the provisions of this Chapter shall be null and void.
[Ord. 498, 9/13/2016, § 1002]
Ordinary repairs and maintenance to existing structures that
do not involve an expansion or change of a use or structure shall
not by themselves be regulated by this Chapter.
[Ord. 498, 9/13/2016, § 1003]
1.
Permitted-By-Right Uses. The Zoning Officer shall issue a 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.
2.
Special Exception Use or Application Requiring a Variance. A permit
under this Chapter for a use requiring a special exception or variance
shall be issued by the Zoning Officer only in response to a written
approval by the Zoning Hearing Board following a hearing.
3.
Conditional Use. A permit under this Chapter for a use requiring
conditional use approval shall be issued by the Zoning Officer only
after the Borough Council grants conditional use approval.
[Ord. 498, 9/13/2016, § 1004]
A zoning permit for use and occupancy shall be required prior
to use or occupancy of any structure or lot or part thereof throughout
the Borough. A permit shall be applied for on forms supplied by the
Borough and submitted to the Zoning Officer.
[Ord. 498, 9/13/2016, § 1005]
[Note: Users should be aware that the following section is a
summary of requirements of the MPC, Act of 1968, P.L. 805, No. 247,
as reenacted and amended, and should refer to the MPC for the complete
requirements under Pennsylvania Law.]
If it appears to the Borough that a violation of this Zoning
Ordinance has occurred, the Borough shall initiate enforcement proceedings
by sending an enforcement notice as provided in this Section.
1.
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.
2.
The enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom
the Borough of 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 Borough
Zoning Hearing Board within 30 days of the mailing date of the notice
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, and upon being found liable therefor in a civil enforcement
proceeding, shall pay a fine of not more than $500, plus all court
costs, including reasonable attorney fees incurred by the Borough,
or alternatively sentenced to pay a fine or not more than the maximum
permitted under Pennsylvania law as the same may be from time to time
amended and in effect as of the date of conviction.
[Ord. 498, 9/13/2016, § 1006]
[Note: Users should be aware that the following section is a
summary of requirements of the MPC, Act of 1968, P.L. 805, No. 247,
as reenacted and amended, and should refer to the MPC for the complete
requirements under Pennsylvania Law.]
1.
In case any building, structure, landscaping, sign or land is or
is proposed to be erected, constructed, reconstructed, altered, repaired,
converted, maintained or used in violation of this Chapter, the Borough
Council or, with the approval of the Borough Council, an officer of
the Borough or any aggrieved owner or tenant of real property who
shows that his property or person will be substantially effected by
the alleged violation, in addition to other remedies, may institute
any appropriate action or proceeding to prevent, restrain, correct
or abate such building, structure, landscaping, sign or land or to
prevent, in or about such premises, any act, conduct, business or
use constituting a violation. When any such action is instituted by
a landowner or tenant, notice of that action shall be served upon
the Borough, by certified mail, at least 30 days prior to the time
the action is to begin by serving a copy of the complaint on the Borough
Council. No such action may be maintained unless such notice has been
given.
[Ord. 498, 9/13/2016, § 1007]
[Note: Users should be aware that the following section is a
summary of requirements of the MPC, Act of 1968, P.L. 805, No. 247,
as reenacted and amended, and should refer to the MPC for the complete
requirements under Pennsylvania Law.]
1.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this Zoning Ordinance
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, pay a fine of not more than $500, plus all
court costs, including reasonable attorney fees incurred by the Borough
as a result thereof, or alternatively, sentenced to pay a fine of
not more than the maximum permitted under Pennsylvania law as the
same may be from time to time amended and in effect as of the date
of conviction. No judgment shall commence or be imposed, levied or
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 the District Justice
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 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 attorney fees collected for the violation of this Chapter
shall be paid to the Borough.
2.
The Court of Common Pleas of Allegheny County, upon petition, may
grant an order or stay, upon cause shown, tolling the per diem fine
pending a final adjudication of the violation and judgment.
3.
Nothing contained in this Section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this Section.
[Ord. 498, 9/13/2016, § 1008]
The Borough Council shall establish and revise, from time to
time, a schedule of fees by resolution, as well as a collection procedure,
for all applications submitted under the provisions of this Chapter.
The schedule of fees shall be available to the public from the Zoning
Officer or Borough Manager.
[Ord. 498, 9/13/2016, § 1009]
[Note: Users should be aware that the following section is a
summary of requirements of the MPC, Act of 1968, P.L. 805, No. 247,
as reenacted and amended, and should refer to the MPC for the complete
requirements under Pennsylvania Law.]
The regulations and provisions of this Chapter may be amended
from time to time, upon recommendation of the Planning Commission
or the Borough Council, or by application of an affected party.
1.
Enactment of Amendments. Zoning amendments procedures shall adhere
to the requirements of § 609 of the MPC, 53 P.S. § 10609.
2.
Public Hearing. The Borough Council shall hold a public hearing on
a proposed amendment pursuant to public notice, and pursuant to mailed
notice and electronic notice to an owner of a tract or parcel of land
located within a municipality or an owner of the mineral rights in
a tract or parcel of land within the municipality who has made a timely
request in accordance with Section 109 of the MPC before voting on
enactment of an amendment. In addition, if the proposed amendment
involves a Zoning Map change, notice of said public hearing shall
be conspicuously posted by the Borough at points deemed sufficient
by the Borough along the tract to notify potentially interested citizens.
The affected tract or area shall be posted at least one week prior
to the date of the hearing.
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In addition to the requirement that the notice be pasted, where
the proposed amendment involves a Zoning Map change, notice of the
public hearing shall be mailed by the municipality 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 the municipality. The notice shall include the location,
date and time of the public hearing. A good faith effort and substantial
compliance shall satisfy the requirements of this Section. This clause
shall not apply when the rezoning constitutes a comprehensive rezoning.
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3.
Planning Commission Review. In the case of an amendment other than
that prepared by the Planning Commission, the Borough Council shall
submit the amendment to the Planning Commission at least 30 days prior
to the hearing on the proposed amendment for recommendations.
4.
County Planning Review. The recommendation of the county planning
agency shall be made to the Borough Council within 45 days and the
proposed action shall not be taken until such recommendation is made.
If, however, the County fails to act within 45 days, the Borough Council
shall proceed without its recommendation.
[Ord. 498, 9/13/2016, § 1010]
1.
Appointment. The Zoning Officer(s) shall be appointed by the Borough
Council pursuant to qualifications that may be established by Council.
The Zoning Officer shall not hold any elective office within the Borough.
2.
Duties and Powers. The Zoning Officer's duties and powers shall include
the following:
A.
Administer this Chapter in accordance with its literal terms, including
to receive and examine all applications required under the terms of
this Chapter, and issue or refuse permits within the provisions of
this Chapter;
B.
Conduct inspections to determine compliance, and receive complaints
of violation of this Chapter;
C.
Keep records of applications, permits, certificates, written decisions,
and variances granted by the Zoning Hearing Board and of enforcement
orders, with all such records being the property of the Borough and
being available for public inspection;
D.
Review proposed subdivisions and land developments for compliance
with this Chapter;
E.
Take enforcement actions as provided by the Pennsylvania MPC;
F.
Maintain available records concerning nonconformities, provided that
the Borough is not required to document every nonconformity; and
G.
Serve such other functions as are provided in this Chapter.
