A.
Creation of Zoning Hearing Board. There is hereby created a Zoning
Hearing Board, herein referred to as the "Board," consisting of three
residents of the Township and one alternate, appointed by the Board
of Supervisors pursuant to the Pennsylvania Municipalities Planning
Code, as amended.[1] Said Board shall perform all the duties and exercise all
powers prescribed by said Code and as herein further provided.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Variances.
(1)
Use of land permitted by variance is only permitted when approved
by the Zoning Hearing Board in accordance with the criteria set forth
in this chapter and as required by law, after public hearing pursuant
to public notice, and in accordance with the requirements of the Pennsylvania
Municipalities Planning Code.
(2)
Requests for variance, or conditional use shall be first presented
to the Zoning Officer for review by filing an application (including
any fee established by resolution) containing the information required.
The Zoning Officer shall determine whether a variance or conditional
use is necessary.
C.
Standards for variance. A variance may be granted where the provisions
of the ordinance inflict unnecessary hardship and all the following
findings are made, where relevant, in a given case:
(1)
That there are unique physical circumstances or conditions, including
irregularity, narrowness or shallowness of lot size or shape, or exceptional
topographical or other physical conditions peculiar to the particular
property and that the unnecessary hardship is due to such conditions
and not the circumstances or conditions generally created by the provisions
of the Zoning Code in the neighborhood or district in which the property
is located.
(2)
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of the Zoning Code and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
(3)
That such unnecessary hardship has not been created by the appellant.
(4)
That the variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located,
not substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare.
(5)
That the variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
D.
Conditions. The Zoning Hearing Board may approve variances and the
Township Supervisors may approve conditional uses subject to reasonable
and appropriate conditions.
E.
Expiration of variances and conditional uses. The validity of a variance,
or conditional use permit shall not exceed one-year from the date
of authorization and shall expire if the applicant has failed to obtain
other appropriate permits, and commence work or use as planned and
approved within one year.
A.
The Township of Clinton shall appoint or reappoint a Zoning Officer
who shall administer and enforce the provisions of this chapter, and
shall do so in accordance with the provisions of this chapter and
of the Pennsylvania Municipalities Planning Code.[1] The Zoning Officer shall not hold any elective office
in the Township. The Township may also appoint one or more assistant
Zoning Officers, as it deems necessary to administer this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Duties of the Zoning Officer. The Zoning Officer shall administer
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. The Zoning Officer shall be
considered as qualified to perform his/her duties by meeting the qualifications
established by the Township. In addition, the Zoning Officer's duties,
obligations and responsibilities include the following:
C.
Application for zoning certificates. The Zoning Officer shall receive
applications for zoning certificates. Applications conforming to such
ordinances shall be approved, and those not conforming to such ordinances
shall be denied.
D.
Inspections. The Zoning Officer or a duly appointed assistant may
examine, or cause to be examined, all structures and/or land for which
an application for a zoning certificate has been requested. Such inspections
may be before, during and after construction and shall be made upon
the termination of construction and prior to the issuance of a Zoning
Certificate.
E.
Applications, appeals and certificates. The Zoning Officer may issue
or deny such certificates as required by this chapter where no other
body is involved; shall receive all applications for conditional uses
and variances and forward same to the appropriate body. Where a decision
is made by another body, the Zoning Officer shall issue or deny the
certificate as ordered by the applicable board.
F.
Enforcement. The Zoning Officer is authorized to institute civil
enforcement proceedings as a means of enforcing this chapter and to
revoke or refuse permits as authorized.
A.
Certificate of zoning. A zoning certificate shall be required prior
to the occupancy or use of any vacant land or prior to the occupancy
or use of any structure hereafter constructed, reconstructed, moved,
altered or enlarged. Zoning certificates shall also be required for
a change of use of a structure or land to a different use and changes
to a nonconforming use or structure. Said applications shall be on
forms as approved by the Township or the Board, as appropriate, and
shall be accompanied by a fee as set by the Township. It is the intent
of the chapter that all appeal processes should follow the Pennsylvania
Municipalities Planning Code[1] or other appropriate state law. The filing of appeals
and variances shall be within such time limits as specified by the
Pennsylvania Municipalities Planning Code. The filing of conditional
uses shall follow procedures set forth by the Township Supervisors.
The zoning certificate shall also be issued upon request to confirm
that the use of land or a building within the Township is in compliance
with this chapter. The exact form of the certificate and fees charged
shall be determined by the Township.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Sign permit. A sign permit shall be required prior to the erection
or alteration of any sign, except those signs specifically exempted
from this requirement in this chapter.
(1)
Application for a sign permit shall be made in writing to the Zoning
Officer, and shall contain all information necessary for such Officer
to determine whether the proposed sign, or the proposed alterations,
conform to all the requirements of this chapter.
(2)
No sign permit shall be issued except in conformity with the regulations
of this chapter, except after written order from the Zoning Hearing
Board or the courts.
(3)
All applications for sign permits shall be accompanied by plans or
diagrams in duplicate and approximately to scale, showing the following:
A.
Enforcement notice. When it appears to the Township and/or the Zoning
Officer that a violation has occurred, the Zoning Officer shall send
an 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 the parcel, and to any other person requested in
writing by the owner of record. The enforcement notice shall state
the following:
(1)
The name of the owner of record and any other person against whom
the Township 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 the ordinance.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
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.
(6)
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.
B.
Causes of action. In case any building, structure, landscaping or
land is, or is proposed to be, erected, constructed, reconstructed,
altered, converted, maintained or used in violation of this chapter,
and any amendment thereto or prior enabling laws, the Township, the
Zoning Officer of the Township, or any aggrieved owner or tenant of
real property who shows that his property or person will be substantially
affected 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 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 Township at least 30 days prior to the time the action is begun
by serving a copy of the complaint on the Board of Supervisors of
Clinton Township. No such action may be maintained until such notice
has been given.
C.
Jurisdiction. Magisterial District Judges shall have initial jurisdiction over proceedings brought under Subsection D.
D.
Enforcement remedies. Any person, partnership or corporation who
or which has violated or permitted the violation of the provisions
of this chapter and any amendment thereto or any prior enabling laws
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney fees incurred by the
Township as a result thereof. No judgment shall commence or be imposed,
levied or 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 Township 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 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 of a violation continues shall constitute
a separate violation by the Magisterial District Judge 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 zoning ordinances shall be paid over to the Township.
Nothing contained in this section shall be construed or interpreted
to grant any person or entity other than the Township and its Zoning
Officer the right to commence any action for enforcement pursuant
to this section.
A.
General. The Board of Supervisors may introduce and/or consider amendments
to this chapter and to the Zoning Map, as proposed by a member of
the Board of Supervisors, the Planning Commission, or by a petition
of a person or persons residing or owning property within the Township.
B.
Petitions. Petitions for amendments shall be filed with the Zoning
Officer; and the petitioners, upon such filing, shall pay an advertising
deposit and a filing fee, in accordance with a fee schedule affixed
by the Township.
C.
Referral. Any proposed amendment presented to the Board of Supervisors
without written findings and recommendations from the Township Planning
Commission and the Butler County Planning Commission, shall be referred
to these agencies for their review and recommendations prior to the
public hearing by the Board of Supervisors. The Board shall not hold
a public hearing upon such amendments until required reviews and recommendations
are received or the expiration of 30 days from the date that such
proposed amendments were submitted to the Township and County Planning
Commissions.
D.
Action. Before acting upon a proposed amendment, the Board of Supervisors
shall hold a public hearing thereon. Public notice of such hearing
is required, and, if applicable, mailed notice and electronic notice
per 53 P.S. § 10109, and shall contain a brief summary of
the proposed amendment and reference to the place where copies of
the same be examined, shall be published in accordance with the provisions
of the Pennsylvania Municipalities Planning Code. If the proposed
amendment involves a change to the Zoning Map, notice of the public
hearing shall be posted at the affected tract in accordance with Section
609 of the Planning Code[1] at least one week prior to the date of the hearing.
[Amended 7-13-2020 by Ord. No. 2020-01]
[1]
Editor's Note: See 53 P.S. § 10609.
E.
Notwithstanding
any specific provisions above, procedures and time frames shall be
in accordance with 53 P.S. § 10609.
[Added 7-13-2020 by Ord.
No. 2020-01]
This chapter becomes effective on November 15, 2009.
