1.
Zoning Officer.
A.
The provisions of this chapter shall be administered by the Wyoming
Borough Planning Director as Zoning Officer, the office of which is
hereby established.
B.
The duties of the Zoning Officer shall be:
(1)
To receive and check all applications for zoning permits and
certificates of occupancy.
(2)
To issue zoning permits and certificates of occupancy only for
construction and uses which are in accordance with the regulations
of this chapter and subsequent amendments, or through Board or Court
approval. Zoning permits and certificates of occupancy shall not be
issued where the request concerns a lot, parcel or tract in a subdivision
required to be approved under the applicable subdivision regulations,
which subdivision has not had the required approval.
(3)
To record and file all applications for zoning permits and certificates
of occupancy together with accompanying plans and documents and keep
them for public record.
(4)
The Zoning Officer shall issue certificates of occupancy for
nonconforming uses. He shall examine them periodically to determine
that they do not expand beyond the limitations prescribed in the chapter.
(5)
Upon specific request of the Commission or Board, to furnish
such facts, records and similar information, which will assist such
body in reaching the decision.
(6)
To be responsible for keeping this chapter including the Zoning
Map, up to date, and to include any amendments thereto.
C.
If the Zoning Officer shall find that any provisions of this chapter
are being violated, he shall notify in writing the person responsible
for such violation, indicating the nature of the violation and ordering
the action necessary to correct it. He shall order discontinuance
of illegal uses of land, buildings or structures; removal of illegal
buildings or structures or of additions, alterations or structural
changes thereto; order discontinuance of any illegal work being done;
or shall take any other action authorized by this chapter to ensure
compliance with or prevent violation of its provisions.
2.
Zoning Permits.
A.
A zoning permit shall be required prior to the erection, construction,
moving or alteration of any building, structure or portion thereof,
but not including normal repairs, maintenance, or interior remodeling.
B.
Applications for zoning permits shall be made in writing to the Zoning
Officer and shall contain all information necessary to ascertain whether
the proposed erection, construction, alteration or use complies with
the provisions of the Ordinance including the following:
(1)
Plan in duplicate drawn to scale indicating:
(a)
Actual dimensions and shape of the lot to be built upon;
(b)
Exact size and location on the lot of all buildings and other
structures, if any, and the location and dimensions of proposed buildings
and other structures or additions;
(c)
Existing and proposed uses, showing the number of families the
building is designed to accommodate.
C.
Applications for zoning permits shall be granted or refused within
15 days from date of application. One copy of the plan shall be returned
to the applicant marked either approved or disapproved and attested
to same by the signature of the Zoning Officer. The second copy of
the plans, similarly marked, shall be filed in the office of the Zoning
Officer.
3.
Certificates of Occupancy.
A.
A certificate of occupancy shall be required prior to the occupation
for use or change of use of land, building or structure, except for
uses accessory to private residences, private recreation or agricultural
uses.
B.
Application for a certificate of occupancy shall be made in writing
to the Zoning Officer:
(1)
When use of premises involves a new building or structure, or
additions to an existing building or structure, such application shall
be made at the same time application for a zoning permit is made.
(2)
When no construction or alteration is involved, application
to occupy and use land may be made at any time. Such application shall
contain all information necessary for the Zoning Officer to determine
whether the proposed occupation and use of land conforms to the provisions
of this chapter.
C.
An application for a certificate of occupancy shall be granted or
refused within 15 days after the Zoning Officer has been officially
notified of completion of construction, or application to occupy and
use land where no construction is involved.
4.
Enforcement. This chapter shall be administered by the Zoning Officer
of Wyoming Borough. No permit or certificate of occupancy provided
for in this chapter shall be granted by him for any purpose except
in compliance with the provisions of this chapter, or with a decision
of the Board or the courts.
5.
Violations. Whenever a violation of this chapter occurs, or is alleged
to have occurred, any person may file a written complaint stating
fully the causes and basis thereof, which shall be filed with the
Zoning Officer. He shall acknowledge such complaint, immediately investigate,
and take action thereon as provided in this chapter.
See Attachment 27-902, which is included as an attachment to this chapter.
1.
Enforcement Notice.
A.
If it appears to Wyoming Borough that a violation of the Zoning Ordinance
has occurred, Wyoming Borough shall initiate enforcement proceedings
by sending an enforcement notice as provided in this section.
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 state at least the following:
(1)
The name of the owner of record and any other person 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 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 the Ordinance;
(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.
2.
Causes of Action. In case of any building, structure, landscaping
or land is, or is proposed to be erected, constructed, reconstructed,
altered, converted, maintained or used in violation of the Wyoming
Borough Zoning Ordinance, an officer of Wyoming Borough 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 municipality at least 30 days prior to the time the
action is begun by serving a copy of the complaint on the governing
body of Wyoming Borough. No such action may be maintained until such
notice has been given.
4.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of the Wyoming Borough
Zoning Ordinance, shall upon being found liable therefore in a civil
enforcement proceeding commenced by Wyoming Borough, pay a judgment
of not more than $500 plus all court costs, including reasonable attorney
fees incurred by Wyoming Borough. 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, Wyoming 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 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 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 zoning ordinance shall be paid over to Wyoming Borough.
B.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than Wyoming Borough the right
to commence any action or enforcement pursuant to this section before
a District Justice. Aggrieved owners or tenants must commence equity
actions at the Borough court level.
