[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.
2. 
Zoning approval shall state that the proposed use of the structure or lot conforms to the requirements of this Chapter. Any change in use category shall require the requisite approval as set forth Part 3, District Regulations, and the Tables of Authorized Uses.
[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.
2. 
Jurisdiction. Magisterial District Judges shall have initial jurisdiction over proceedings brought under § 27-1007.
[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.
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.
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.