A.
The purpose of this article is to outline procedures for the administration and enforcement of this chapter. It does not include the process necessary to subdivide property which is contained in Chapter 240, Subdivision and Land Development, of the Code of the Borough of Elverson. The procedures for securing zoning permits, building permits, sign permits, use and occupancy permits and the duties and responsibilities of the Zoning Officer and Building Code Official are outlined in this article. The article also establishes a fine for the violation of any aspect of this chapter, fees associated with this article, and the process for conditional uses.
B.
Hereafter, no land shall be used or occupied, and no building or
structure shall be erected, altered, used or occupied, except in conformity
with the regulations established in this chapter for the district
in which such land, building or structure is located.
C.
In cases of mixed occupancy, the regulations for each use shall apply
to the portion of the building or land so used.
For the administration of this chapter, a Zoning Officer, who
shall not hold any elective office in the Borough, shall be appointed.
The Zoning Officer shall meet qualifications established by the Borough
and shall be able to demonstrate to the satisfaction of the Borough
a working knowledge of municipal zoning. 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. Zoning Officers may
be authorized to institute civil enforcement proceedings as a means
of enforcement when acting within the scope of their employment as
directed by Borough Council.
A.
Duties of the Zoning Officer shall be:
(1)
To receive and review all applications for permits to determine
compliance with this chapter, including but not limited to building,
zoning, sign, special exceptions, variances, conditional uses, and
use and occupancy permits and any other requests on matters relative
to the administration of this chapter, and forward them to the appropriate
approving body when necessary.
(2)
To keep a complete official Borough record and file of all business
and activities, including complaints of a violation of any of the
provisions of this chapter and applications for permits with accompanying
plans and documents, and any action taken thereon at Borough Hall.
(3)
To issue permits for uses and/or structures by special exception
and/or variance only after approval for such uses and/or structures
has been so ordered by the Zoning Hearing Board or Borough Council
in accordance with the regulations of this chapter, or by a court
of appeals, subject to any stipulations contained in such order.
(4)
To permit uses and/or buildings by conditional use only after
approval for such uses and/or buildings has been so ordered by the
Borough Council in accordance with the regulations of this chapter,
or by a court of appeals, subject to any stipulations contained in
such order.
(5)
To inspect nonconforming uses, buildings and lots and to keep
a filed record of such nonconforming uses and buildings as a public
record and to examine them periodically.
(6)
To conduct inspections or investigations to determine compliance
or noncompliance with the provisions of this chapter.
(7)
To report violations of this chapter to the Borough Council
and to issue stop, cease and desist orders and to require, 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, when approved
by Borough Council. 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 violation of this chapter.
(8)
To gather and present any facts, records or other information
to the Borough Council or Zoning Hearing Board when requested to do
so.
(9)
Upon the request of the Borough Council or the Zoning Hearing
Board, gather and present to such bodies facts, records and any similar
information on specific requests to assist such bodies in reaching
a decision.
(10)
To be responsible for the keeping up-to-date of this chapter
and the Zoning Map, filed with the Borough and to include any amendments
thereto.
It shall be a violation of this chapter to undertake any action
which is contrary to the terms of this chapter.
A.
If it appears to the Borough that a violation of this chapter has
occurred, the Zoning Officer shall initiate enforcement proceedings
by sending an enforcement notice as provided in this section. By means
of the enforcement notice, the Zoning Officer may order discontinuance
of illegal use of land or structures; removal of illegal structures
or additions, alterations or structural changes thereto; or discontinuance
of any illegal work being done.
B.
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.
C.
An enforcement notice shall, at minimum, state the following:
(1)
The name of the owner of record and any other persons against
whom the 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.
(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 the procedures set forth in this chapter.
A.
Whenever a violation of this chapter occurs, or is alleged to have
occurred, any person may file a written complaint. Such complaint
shall be signed, shall state fully the causes and basis thereof, and
shall be filed with the Zoning Officer. The Zoning Officer shall record
properly such complaint, investigate and take action thereon.
B.
In case any building, structure, landscaping, screen, hedge, tree,
shrub or other growth, or land is, or is proposed to be, erected,
constructed, reconstructed, altered, converted, maintained or used
in violation of this chapter, the Borough Council or the Zoning Officer,
upon approval of Borough Council, or any aggrieved owner or tenant
of real property who shows that their 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, screen, hedge,
tree, shrub, other growth, or use of land, or to prevent, in or about
such premises, any act, conduct, business or use constituting a violation.
C.
Where any action authorized in § 290-1805B above is instituted by a landowner or tenant, notice of that action shall be served upon the Borough at least 30 days prior to the time the action is begun by serving a copy of the complaint upon the Borough Council. No such action may be maintained until such notice has been given.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, pay a judgment of not more than $500 plus
all court costs, including reasonable attorneys' fees incurred by
the Borough as a result thereof. No judgment shall commence or be
imposed, levied or be 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 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 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 the ordinance 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
Magisterial District Judge. Thereafter, each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorneys' fees collected for the violation of this
chapter shall be paid to the Borough.
B.
In addition to the above remedies, the Borough Council may take other
appropriate legal action, which may include equitable and injunctive
relief, to enforce the provisions of this chapter.
A.
Permit applications. Fees for application for building permits, grading
permits, demolition permits, use and occupancy permits, sign permits,
conditional use, variance, special exception, zoning or similar permits
shall be paid in full at the time of application in accordance with
a fee schedule adopted by resolution of the Borough Council. Such
schedule may be revised, as necessary, by resolution of the Borough
Council.
B.
Applications or appeals before the Borough Council or Zoning Hearing
Board.
(1)
Upon submission of an application or appeal before the Borough
Council or the Zoning Hearing Board, the applicant shall deposit an
amount of money in accordance with a schedule of applicant expenses,
adopted by resolution of the Borough Council. The Zoning Officer shall
determine in which category an application falls and, therefore, what
amount is due.
(2)
If at any time the charges then made against the applicant's
deposit shall render the balance insufficient to ensure payment of
all expenses that may accrue in the disposition of the pending appeal
or application, the Borough Manager shall obtain from the applicant
additional deposits to assure adequate funds to pay such expenses
as they may accrue. Prior to final disposition of the matter, the
amount of the deposit shall not be less than 15% of the initial deposit
amount. The failure of the Borough Manager to require and obtain additional
deposits from time to time shall not relieve the applicant from liability
for expenses in excess of deposits.
The granting of any permit under this chapter shall create no
liability upon, nor a cause of action against, any Borough official
or employee for damages or injury that may occur from the use, construction
or enlargement of structures or the use of land.
Any person aggrieved by any decision of the Board or any officer of the Borough may, within 30 days after entry of the decision of the Board as provided in 42 Pa.C.S.A. § 572 or, in the case of a deemed decision, within 30 days after the date upon which notice of said deemed decision is given as set forth in § 290-1804, appeal to the Court of Common Pleas of Chester County by petition, duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, specifying the grounds upon which such person relies.
A.
Zoning permit. A zoning permit shall be required prior to any of
the following to establish compliance with the regulations of this
chapter:
(1)
All construction as mandated by the Building Code and all other
applicable Borough codes and ordinances.
(2)
The erection of or structural alteration or addition to any
building, structure, sign or portion thereof.
(3)
The use of or changing the use of a building or land.
(4)
The change or expansion of a nonconforming use and/or structure.
(5)
The addition of an accessory use, including but not limited
to a home occupation, to an existing residential principal use or
conducted as part of a new residential use.
(6)
The demolition of any building.
B.
Building permit.
(1)
A building permit shall be required prior to the following:
(a)
All new construction in excess of the amount as stated in the
Borough fee schedule.
(b)
The erection, addition, alteration or demolition of any building,
structure or portion thereof. It shall be unlawful for any person
to commence work for the erection, alteration, expansion or demolition
of any building or structure or portion thereof until a permit has
been duly issued therefor.
(2)
Applications for building permits shall be accompanied by proof of an approved zoning permit or, in conjunction with a zoning permit in accordance with § 290-1810A, where applicable, before the permit shall be accepted for review by the Borough.
(3)
All applications for a building permit shall comply with the
requirements of the Borough Building Code.
C.
Sign permit. A sign permit shall be required prior to the erection, alteration, enlargement or relocation of any sign, sign structure or any portion thereof. It shall be unlawful for any person to commence work for the erection, alteration, enlargement or relocation of any sign, sign structure or any portion thereof until a permit, if required, has been duly issued and until all requirements of Article XIII, Signs, are met.
D.
Use and occupancy certificate. It shall be unlawful for any person
to use or occupy any building, structure or land until a certificate
of occupancy has been duly issued. Certificates for use and occupancy
shall be in accordance with the requirements of the Building Code
and this or any other applicable ordinance and shall be required prior
to any of the following:
(1)
Use or occupancy of any building or other structure hereinafter
erected, altered or enlarged for which a building permit is required.
(2)
Change in use of any building or structure.
(3)
Use of land or change in the use thereof, except that the placing
of vacant land under cultivation shall not require a use of occupancy
permit.
A.
Applications.
(1)
Applications for permits shall be made to the Zoning Officer,
Building Officer or Code Enforcement Officer, as applicable, in writing
on such forms provided by the Borough, by the owner or lessee of any
building, structure or land, or an authorized representative. Applications
shall include a description of the proposed work and/or use and occupancy
of a building, structure or land, and any additional plans, documents
and information as may be necessary or required to ascertain compliance
with this chapter, and any other applicable ordinance or code.
(2)
Applications found to be incomplete shall not be accepted or
processed, and the applicant shall be informed of such insufficiency
within 15 business days from the submission of a permit to the Borough.
B.
Zoning permit. The application shall be accompanied by plot plans
in duplicate drawn to scale, showing the actual dimensions and shape
of the lot to be built upon and the size, location and dimensions
of all existing and proposed buildings, structures or uses, as applicable.
C.
Building permit.
(1)
The application shall be accompanied by plot plans in duplicate
drawn to scale in sufficient clarity that the Building Code Official
can clearly determine the information being displayed, including accurately
showing the exact size, location and dimensions of any existing or
proposed buildings or other structures on the lot in question and
upon abutting land within 50 feet of the side and rear lines of such
lot.
(2)
Prior to the issuance of any building permit, the Building Code
Official shall review the history of repairs made due to flood-related
damage to the subject building, so that any repetitive loss issues
can be addressed before the permit is issued.
D.
Sign permit. The application shall be accompanied by plot plans in
duplicate drawn to scale showing the lot and the size and location
of all buildings or structures on the premises in question and the
dimensions and location of the proposed sign on the property. A drawing,
figure or picture of the proposed sign shall be required, showing
dimensions, mounting hardware, illumination, and other details as
may be necessary to ascertain compliance with this chapter.
Upon receipt of an application, the Zoning Officer, Building
Officer or Code Enforcement Officer shall review it to determine compliance
with this chapter, the Building Code (UCC), and any other applicable
ordinances or permits in addition to inspecting the premises as necessary.
With the exception of use and occupancy permits as set forth below
or as otherwise specified, within 15 days after receipt of a complete
application, the Borough shall either approve or disapprove the application
accordingly. If the application is disapproved, the Borough shall
provide to the applicant, in writing, the reasons for the disapproval
and shall inform the applicant of the right to appeal the decision
to the Zoning Hearing Board and/or the Building Code (UCC) Appeals
Board, as applicable.
A.
Zoning permit.
(2)
A zoning permit shall be conspicuously posted on the affected
tract or parcel(s) of land after approval while proposed work is undertaken,
prior to the establishment of a new use, or when change in use of
land or a building occurs.
(3)
A zoning permit shall expire if work or a change in use is not
commenced within one year from the date of the permit, and a new permit
shall be required before such work or change of use commences; provided,
however, that the Zoning Officer may extend the zoning permit for
one additional six-month period if the applicant is actively engaged
in completing the project.
(4)
The zoning permittee shall be authorized to proceed with the
work as described on the approved application after obtaining a building
permit if required by this chapter. The Zoning Officer shall revoke
any permit or approval issued under the provisions of this chapter
in any case where there has been a false statement or misrepresentation
of fact in the application or where it is determined that the work
being performed is not in compliance with the information contained
in the zoning permit application or with the provisions of this or
any other applicable ordinance.
B.
Building permit.
(2)
A building permit shall expire one year from the date of issuance,
provided that it may be extended at the discretion of the Building
Code Official for one six-month period.
(3)
The building permit holder shall be authorized to proceed with
the work as described on the approved application. The Building Code
Official shall revoke any permit or approval issued under the provisions
of this chapter in any case where there has been a false statement
or misrepresentation of fact in the application or where it is determined
that the work being performed is not in compliance with the information
contained in the building permit application or with the Building
Code or the provisions of this or any other applicable ordinance.
(4)
Upon completion of the erection, addition to, or alteration
of any building, structure or portion thereof authorized by any building
permit obtained in compliance with this chapter and prior to use or
occupancy, the holder of such permit shall notify the Zoning Officer
of such completion.
C.
Sign permit.
(2)
A sign permit shall expire one year from the date of issuance,
provided that it may be extended at the discretion of the Zoning Officer
for one six-month period.
(3)
The sign permit holder shall be authorized to proceed with the
work as described on the approved application. The Zoning Officer
shall revoke any permit or approval issued under the provisions of
this chapter in any case where there has been a false statement or
misrepresentation of fact in the application or where it is determined
that the work being performed is not in compliance with the information
contained in the sign permit application or with the Building Code
or the provisions of this or any other applicable ordinance.
D.
Use and occupancy certificate.
(1)
A use and occupancy certificate in addition to the payment of
the fee prior to or concurrently with an application for a building
permit shall not be issued until completion of the construction work
authorized by the approved zoning and/or building permit. Upon notification
by the applicant that the construction work has been completed, the
Building Code Official shall inspect the property and either issue
or deny the use and occupancy certificate.
(2)
It shall be the duty of the applicant for a zoning and/or building
permit to secure the issuance of the required use and occupancy permit,
by giving notice of completion as aforesaid, notwithstanding the fact
that the applicant may be constructing the building structure, addition
or alteration for the use of another, and further to notify such proposed
occupant of the requirements of this section prior to transfer of
ownership or commencement of leasehold of the property.
