It is the purpose of these regulations to prescribe the procedures
by which the administration of this chapter shall take place. Nothing
contained within this chapter shall be interpreted as limiting the
adoption of administrative regulations which do not supersede required
stated procedures.
A.
The duty of administering and enforcing the provisions of this chapter
is hereby conferred upon the Zoning Officer, who shall have such powers
as are conferred on him/her by this chapter and are reasonably implied
for that purpose. The Zoning Officer shall establish from time to
time, by and with the consent of Council, such rules and regulations
as may be deemed necessary to the proper exercise of the authority
and powers conferred upon the said Zoning Officer, or his duly authorized
agent, under the provisions of this chapter.
B.
Any appeal from a determination of the Zoning Officer shall be made
directly to the Zoning Hearing Board.
C.
Duties. The duties of the Zoning Officer shall be:
(1)
Administer and enforce the provisions of this chapter in accordance
with its literal terms, and shall not have the power to permit any
construction or any use or change of use which does not conform to
this chapter.
(2)
Review all applications for zoning permits and zoning occupancy permits,
and issue permits when there is compliance with the provisions of
this chapter. The Zoning Officer may condition the issuance of a zoning
permit upon the applicant proving compliance with other City regulations.
(3)
Receive applications for special exceptions and variances and forward
these applications to the Zoning Hearing Board for action thereon.
(4)
Receive applications for conditional uses and forward these applications
to City Council for action thereon.
(5)
Receive applications for challenges and appeals for which the Zoning Hearing Board has exclusive jurisdiction as specified in § 350-86 of this chapter, and forward these applications to the Zoning Hearing Board for action thereon.
(6)
Maintain a permanent file with all zoning permits, occupancy permits
and applications as public records.
(7)
Order, in writing, correction of all conditions found to be in violation
of the provisions of this chapter. An enforcement notice shall meet
requirements of the Pennsylvania Municipalities Planning Code.[1] Prior to issuing an enforcement notice, the Zoning Officer
may informally seek compliance.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(8)
Conduct inspections and investigations to determine compliance or
noncompliance with the terms of this chapter.
(9)
In the course of administering and enforcing this chapter and reviewing
applications for zoning certificates, temporary use permits, sign
permits or variances, the Zoning Officer may register nonconforming
uses, nonconforming structures and nonconforming lots as they become
known through the application and enforcement process. Registration
and proof of nonconforming uses, structures and lots shall be the
burden of the property owner.
(10)
Upon the request of the Planning Commission, the Zoning Hearing
Board or Council, present such facts, records and any similar information
on specific requests to assist such bodies in reaching their decisions.
(11)
Maintain a map or maps showing the current zoning classification
of all land in the City and Borough.
A.
Application. All requests for zoning permits shall be made in writing
by the owner or his authorized agent to the office of the Zoning Officer
on application forms furnished by the municipality.
B.
Zoning permit required. Zoning permits shall be secured prior to
commencing a use or starting any construction, erection or alteration
of any building, structure, sign or portion thereof. No building permit
shall be issued unless the applicant shows that a zoning permit has
already been obtained.
C.
Review and approval. Issuance of a zoning permit shall be subject
to review and approval by all City/Borough departments noted on the
permit. Staff shall require that the application of a zoning permit
and any additional material requested by the various City/Borough
departments shall contain all the information necessary to enable
them to ascertain whether the proposed structure complies with the
provisions of this chapter.
D.
Floodplains. Prior to the issuance of a zoning permit for any use
in a floodplain, the Zoning Officer shall require the applicant to
indicate compliance with all applicable local, state and federal laws.
E.
Notice of start work. The Zoning Officer shall be given at least
24 hours' notice by the owner or applicant prior to commencement
of work at the site under zoning or building permits.
F.
Notice to adjoining municipalities. Where a property is located within
500 feet of a municipal boundary, the Zoning Officer should refer
any Zoning Hearing Board application to the neighboring municipality
for its comments, unless such application only involves a dimensional
variance for an existing residential lot.
G.
Time limitation. No zoning permit for construction, erection or alteration
of any building or structure, or for any sign, shall be valid for
more than 12 months from date of issue unless work at the site has
commenced within such period. No zoning permit for use of building
or land shall be valid for more than 12 months from date of issue
unless or a written time extension has been provided by the City/Borough.
H.
Cancellation of permit. The Zoning Officer may cancel or revoke a
permit previously granted for violation of this chapter or any order
of the Zoning Officer or condition established by the Zoning Hearing
Board or Council.
I.
Fees.
(1)
Fees for zoning and building permits shall be paid in accordance
with the applicable fee schedule enacted by Council, which is adopted
by resolution and which may be revised from time to time.
(2)
Until all applicable fees, charges and expenses have been paid in
full, no action shall be taken on any application or appeal.
(3)
The fee schedule shall be available to the public.
A.
Complaints regarding violations. Whenever a violation of this chapter
occurs or is alleged to have occurred, any person may file a written
complaint. Such complaint, stating fully the cause and basis thereof,
shall be filed with the Zoning Officer. He shall record properly such
complaint, immediately investigate and take action thereon as provided
by this chapter.
B.
Enforcement. If the Zoning Officer finds reasonable grounds to believe
that there has been a violation of any provisions of this chapter,
he or she shall give written notice of such alleged violation. The
enforcement notice shall include:
(1)
The name of the owner of record and any other person against whom
the City/Borough intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed (not to exceed
a period of 30 days).
(5)
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within 30 days of receipt of the complaint.
(6)
That failure to comply with the notice within the time specified,
unless extended by approval to the Zoning Hearing Board, constitutes
a violation.
C.
Penalties.
(1)
Any person, partnership or corporation who or which has violated
or permitted the violation of the provision of any zoning ordinance
enacted under this act or prior enabling laws shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the
City or Borough, pay a judgment of not more than $500 plus all court
costs, including reasonable attorney fees incurred by a municipality
as a result thereof.
(2)
No judgment shall commence or be imposed, levied or payable until
the date of the determination of a violation by the Magisterial District
Justice.
(3)
If the defendant neither pays nor timely appeals the judgment, the
municipality 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 determination that
there has been a violation further determines that there is 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 of a violation
by the District Justice, and thereafter such day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of zoning
ordinances shall be paid over to the municipality whose ordinance
has been violated.
B.
The process to start consideration of a proposed Zoning Ordinance
amendment may be initiated by a majority vote of Planning Commission
or Council. Such vote may or may not occur in response to a request
of an individual, organization, committee, landowner or other entity.
C.
Zoning amendment by petition.
(1)
A request to amend this chapter may be initiated by petition of one
or more landowners. Said petition shall be filed with Council upon
payment of the fee as established by resolution of Council.
(2)
Whenever Council, after due hearing pursuant to the provisions hereof,
has acted negatively upon a proposed change or amendment in the zoning
districts or regulations, no petition affecting the same property
or district shall be entertained or acted upon by Council except by
consent of 3/4 of the members of Council within a period of one year
from the date of such adverse action, and after such second application
has been acted upon by Council, no further application shall be entertained
for a period of two years from the date of the said second application
except by consent of 3/4 of the members of Council.
D.
For any proposed amendment introduced by any person or entity other
than the Planning Commission, Council shall submit each such amendment
for review to each municipal Planning Commission, the Joint Planning
Commission, and the Washington County Planning Commission at least
30 days prior to the public hearing on such proposed amendments.
E.
City Council or Borough Council shall submit their comments, including
a specific recommendation to adopt or not to adopt the proposed amendment,
to the governing body of the municipality within which the amendment
is proposed no later than the date of the public hearing. Failure
to provide comments shall be construed as a recommendation to adopt
the proposed amendment.
F.
Before voting on the enactment of an amendment, each Council shall
hold a public hearing thereon pursuant to public notice, and pursuant
to mailed notice and electronic notice to an owner of a tract or parcel
of land or an owner of the mineral rights in a tract or parcel of
land who has made a timely request in accordance with Section 109
of the MPC.[2] The City and Borough may decide to hold one joint public
hearing or separate public hearings on the proposed amendment.
[2]
Editor's Note: See 53 P.S. § 10109.
G.
If the proposed amendment involves a Zoning Map change, the following
is required:
(1)
Notice of said public hearing shall be conspicuously posted by the
Zoning Officer at points deemed sufficient by the municipality 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.
(2)
Notice of the public hearing must 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 evidences by tax
records within the possession of the municipality. The notice shall
include the location, date and time of the public hearing. This shall
not apply when the rezoning constitutes a comprehensive rezoning.
H.
If, after any public hearing held upon an amendment, the proposed
amendment is revised or further revised to include land previously
not affected by it, each Council shall hold another public hearing
pursuant to public notice before proceeding to vote on the amendment.
I.
An applicant and/or interested party who requests a continuance of
a public hearing scheduled to consider a zoning amendment shall be
responsible for the full cost of readvertising the date of the subsequent
public hearing. In order for the subsequent public hearing date to
be established, the cost of the readvertisement must be deposited
with the municipality.
J.
No amendments to the joint Zoning Ordinance shall be effective unless
both the City of Washington and the Borough of East Washington approve
the amendment.
K.
Within 30 days after enactment, a copy of the amendment to the Zoning
Ordinance shall be forwarded to the Washington County Planning Commission.
L.
Landowner curative amendments.
(1)
Any landowner in either municipality who desires to challenge on
substantive grounds the validity of a zoning ordinance or 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 governing body with a written request that his challenge and
proposed amendment be heard and decided as provided in Section 916.1
of the MPC.[3] Such applications shall be presented or postmarked to
each participating municipality on the same day.
[3]
Editor's Note: See 53 P.S. § 10916.1.
(2)
The governing body shall commence a hearing thereon within 60 days
of the request as provided in Section 916.1 of the MPC. The curative
amendment and challenge shall be referred to the planning commissions
as provided in Section 609 of the MPC and notice of the hearing thereon
shall be given as provided in Section 610 of the MPC and in Section
916.1 of the MPC.[4]
[4]
Editor's Note: See 53 P.S. §§ 10609, 10610
and 10916.1, respectively.
(3)
The hearing shall be conducted in accordance with Section 908 of
the MPC[5] and all references therein to the Zoning Hearing Board
shall, for purposes of this section be references to Council; provided,
however, that the provisions of Section 908(1.2) and (9) of the MPC
shall not apply and the provisions of Section 916.1 of the MPC shall
control. If the municipality does not accept a landowner's curative
amendment brought in accordance with this subsection and a court subsequently
rules that the challenge has merit, the court's decision shall
not result in a declaration of invalidity for the entire zoning ordinance
and map, but only for those provisions which specifically relate to
the landowner's curative amendment and challenge.
[5]
Editor's Note: See 53 P.S. § 10908.
(4)
Council which has determined that a validity challenge has merit
may accept a landowner's curative amendment, with or without
revision, or may adopt an alternative amendment which will cure the
challenged defects. 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 ordinance or map;
(c)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodlands, 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;
and
(e)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
(5)
The Council before which the curative amendment is brought shall
not have the power to adopt any amendment to the joint Zoning Ordinance
without the approval of both the City of Washington and the Borough
of East Washington. The challenge shall be directed to the validity
of the joint Zoning Ordinance as it applies to the entire area of
its jurisdiction.
(6)
If the municipality does not accept a landowner's curative amendment
brought in accordance with this subsection and a court subsequently
rules that the challenge has merit, the court's decision shall
not result in a declaration of invalidity for the entire zoning ordinance
and map, but only for those provisions which specifically relate to
the landowner's curative amendment and challenge.
M.
Municipal curative amendments.
(1)
If either the City or Borough determines that the joint zoning ordinance
or any portion thereof is substantially invalid, City Council and
Borough Council shall vote within 30 days following such declaration
by either Council by formal action whether or not to declare this
chapter or portions thereof substantially invalid. In the event of
the failure of both City Council and Borough Council to declare this
chapter or portions thereof substantially invalid within the 30 days
following such declaration, the declaration shall be deemed null and
void.
(2)
The declaration by both City Council and Borough Council of the substantive
invalidity of this chapter shall be binding upon the municipalities
from the moment the initiating Council declares this chapter invalid.
(3)
Upon the declaration that this chapter is invalid by the City and
Borough, the municipalities shall begin to prepare and consider a
curative amendment to this chapter to correct the declared invalidity.
Within 30 days following such declaration and proposal, Council shall:
(a)
By resolution make specific findings setting forth the declared
invalidity of the Zoning Ordinance which may include:
(b)
Begin to prepare and consider a curative amendment to the Zoning
Ordinance to correct the declared invalidity.
(c)
Within 180 days from the date of the declaration and proposal,
the municipality shall enact a curative amendment to validate, or
reaffirm the validity of, its Zoning Ordinance pursuant to the provisions
required by Section 609[6] in order to cure the declared invalidity of the zoning
ordinance.
[6]
Editor's Note: See 53 P.S. § 10609.
(d)
Upon the initiation of the procedures, as set forth in above,
Council shall not be required to entertain or consider any landowner's
curative amendment filed under Section 609.1 of the MPC; nor shall
the Zoning Hearing Board be required to give a report requested under
Section 909.1 or 916.1 of the MPC subsequent to the declaration and
proposal based upon the grounds identical to or substantially similar
to those specified in the resolution required above. Upon completion
of the procedures as set forth above, no rights to a cure pursuant
to the provisions of Sections 609.1 and 916.1 of the MPC shall, from
the date of the declaration and proposal, accrue to any landowner
on the basis of the substantive invalidity of the unamended Zoning
Ordinance for which there has been a curative amendment pursuant to
this section.
(e)
The City and Borough having utilized the procedures as set forth
above may not again utilize said procedure for a thirty-six-month
period following the date of the enactment of a curative amendment,
or reaffirmation of the validity of its joint Zoning Ordinance; provided,
however, if after the date of declaration and proposal there is a
substantially new duty or obligation imposed upon the municipality
by virtue of a change in statute or by virtue of a Pennsylvania Appellate
Court decision, the City or Borough may utilize the provisions of
this section to prepare a curative amendment to its ordinance to fulfill
said duty or obligation.
