A.
Zoning use noted on building permits. A building permit
shall be required prior to the erection, construction or alteration
of any building, structure or any portion thereof, prior to the moving
of a building into the City, from one place in the City to another,
prior to the change in use of a building or land, and prior to the
change or expansion of nonconforming use. Zoning use shall be noted
on the building permit, and this permit shall also be deemed to be
the zoning use permit.
B.
Time limitation.
(1)
No building permit or construction, erection or alteration
of any building or structure, or for any sign, shall be valid for
more than six months from the date of issuance. Once a permit is issued,
the Zoning Officer, for reasonable cause, may grant one or more extensions
of time, each extension not to exceed 90 calendar days from the date
of the expiration of the permit time period, or an extension thereof;
provided, further, however, that a permit granted for demolition shall
be valid for three months from the date of issuance.
(2)
Code violations. When an official notice of code violation
is issued, the permit period will coincide with the number of days
given in the notice to remedy the violation.
C.
Building permit required. No building or other structure
shall be erected, moved, added to or structurally altered without
a permit therefor issued by the Zoning Officer. No building permit
shall be issued by the Officer except in conformity with the provisions
of this Code of Ordinances of the City of Latrobe, unless the Officer
receives a written order from the Zoning Hearing Board or from Council
in the form of an administrative review, special exception, conditional
use or variance as provided by this chapter.
D.
Application for building permit. All applications
for building permits shall be accompanied by plans drawn to scale,
showing the actual dimensions and shape of the lot or buildings already
existing, if any, and the location and dimensions of the proposed
building or alteration. The application shall include such other information
as lawfully may be required by the Zoning Officer, including existing
or proposed buildings or alterations; existing or proposed uses of
the building and land; the number of families, housekeeping units,
or rental units the building is designed to accommodate; conditions
existing on the lot, and such other matters as may be necessary to
determine conformance with, and provide for the enforcement of this
Zoning Chapter, and any other applicable ordinance of the City of
Latrobe.
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.
Occupancy permits.
(1)
For new use, or the expansion or change of existing
uses, or the addition of an allowable use.
(2)
Upon completion of any building or structure for which
a building permit has been issued, the owner for such building or
structure shall apply to the Zoning Officer for an occupancy permit.
(3)
The Zoning Officer shall inspect the premises and
if satisfied that all conditions of this chapter have been met, the
Zoning Officer shall issue an occupancy permit certifying that the
premises comply with the provisions of this chapter and may be used
for the purposes set forth in the zoning permit.
(4)
If the Zoning Officer, upon inspection finds the premises
to have been developed in violation of any of the conditions of the
building permit, or occupancy provisions of this chapter, the Officer
shall order the violations corrected to conform to the Ordinance and
shall not issue an occupancy permit until satisfied these corrections
have been made.
(5)
If a property owner wishes to change the use of any
building or structure or the property he owns, he shall apply to the
Zoning Officer for an occupancy permit. Changes for which an occupancy
permit shall be required include conversion from nonconforming to
a conforming or less nonconforming use or conversion to another permitted
use, or the addition of any other allowable use.
(6)
If the Zoning Officer is satisfied that such change
or addition of use is in conformance with all requirements of this
chapter and of other development ordinances of the City, the officer
shall issue an occupancy permit.
(7)
Applications for occupancy permits for a change of
use that are denied by the Zoning Officer may be appealed to the Zoning
Hearing Board.
(8)
The City will, upon request, issue an occupancy load
permit based upon Labor and Industry Standards, for commercial and/or
industrial properties, which standards shall supplant and supersede
any contrary provisions set forth in the BOCA Building Code heretofore,
or hereafter adopted by the City.
G.
Application for permits. Application for permits shall
be made in writing to the Zoning Officer.
A.
Administration. The duty of administering and enforcing
the provisions of this chapter is hereby conferred upon the Zoning
Officer. The Zoning Officer shall administer the Zoning 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 the Zoning Chapter.
B.
Duties. The duties of the Zoning Officer shall be:
(1)
To examine all applications for permits.
(2)
To issue permits only for construction and uses which
are in accordance with the regulations of this chapter and other applicable
ordinances as may be subsequently amended.
(3)
To record and file all applications by tax parcel
number for permits with the accompanying plans.
(4)
To receive all required fees and issue all necessary
cease-and-desist orders.
(5)
To inspect nonconforming uses, buildings and signs,
and keep a filed record of such nonconforming uses and buildings by
tax parcel number as a public record and examine them periodically.
(6)
Upon the request of the City Planning Commission,
the Zoning Hearing Board or Council, to present to such bodies facts,
records, and any similar information on specific requests to assist
such bodies in reaching their decisions.
(7)
To be responsible for keeping up-to-date this Zoning
Chapter and accompanying Zoning District Map.
C.
Appeals. Any appeal from a determination of the Zoning
Officer shall be made directly to the Zoning Hearing Board.
D.
Notification of violation. If it appears to the Zoning
Officer that a violation of the Zoning Chapter has occurred, the Zoning
Officer shall initiate enforcement proceedings by sending an enforcement
notice 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. The enforcement notice
shall state at least the following:
(1)
The name of the owner of record and any other person
against whom the City 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 30 days of receipt of the
complaint.
(6)
That failure to comply with the notice within the
time specified, unless extended by appeal to the Zoning Hearing Board,
constitutes a violation.
E.
Causes of action. Council, an officer of the City
with express permission of Council, 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 violation. The Zoning Officer shall respond
to the complaint with a notice outlining the steps that will be taken
within 10 working days after the receipt of the complaint.
Enforcement remedies:
A.
Any person, partnership or corporation who or which
has violated or permitted the violation of the provisions of the zoning
ordinance enacted under this act or prior enabling laws shall, upon
being found liable therefore in a civil enforcement proceeding commenced
by the City, pay a judgment of not more than $600 plus all court costs,
including reasonable attorney fees incurred by the City 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 district
justice. If the defendant neither pays nor timely appeals the judgment,
the City 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's determination
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 the Zoning Chapter shall
be paid over to the City.
B.
In addition to above, the Zoning Officer may issue
a cease-and-desist order. Failure to comply with the cease-and-desist
order may, in addition to the remedy set forth above, result in the
City seeking appropriate injunctive relief before a court of appropriate
jurisdiction.
[Added 6-9-2008 by Ord. No. 2008-8]
A.
Creation. A Zoning Hearing Board is hereby established
and created. The Members of the Board shall be appointed by the Council
of the City of Latrobe and shall consist of five members. The term
of office of each member shall be for a period of five years. The
term of office for the two members initially appointed for the new
positions created hereby shall be as follows: One new member shall
be appointed for a term of two years. Thereafter, all members, and
their successors, shall be appointed for a term of five years. Appointments
to fill vacancies during a term shall be only for the unexpired portion
of the term.
B.
Alternates to Zoning Hearing Board. The Council of the City of Latrobe may, from time to time, appoint at least one but no more than three residents of the City of Latrobe to serve as alternate members of the Latrobe Zoning Hearing Board. It shall be within the discretion of Latrobe City Council to determine how many positions of alternates shall be needed and required at any given time. The term of office of an alternate member shall be three years. It is the intent of this provision that if more than one alternate is appointed, the initial term(s) shall be staggered so that subsequent reappointments for a three-year term shall also be staggered. When seated pursuant to the provisions of Subsection C as set forth below, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by Law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have powers and duties as set forth in the Pennsylvania Municipalities Planning Code[1] and this section and as otherwise provided by law. Alternates shall hold no other office in the municipality of the City of Latrobe including membership on the Planning Commission and Zoning Officer and any other body or board by which appointment is made by the Mayor of the City and Latrobe City Council. Any alternate may participate in any proceedings or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to the provisions of Section 907 of the Pennsylvania Municipalities Planning Code unless designated as a voting alternate member pursuant to Subsection C below.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
C.
If by reason of absence or disqualification of a member,
a quorum is not reached, the Chairman, or Acting Chairman of the Board
shall designate as many alternate members of the Board to sit on the
Board as may be needed to provide a quorum. Any alternate member of
the Board shall continue to serve on the Board in all proceedings
involving the matter or case for which the alternate was initially
appointed until the Board has made a final determination of the matter
or case. Designation of an alternate pursuant to this section shall
be made on a case-by-case basis in rotation according to declining
seniority among all alternates. If more than one alternate is appointed
at the same time, the first alternate appointed shall have seniority
over the second alternate appointed who shall have seniority over
the third alternate appointed.
D.
Each member of the Board shall be required to provide
at least seven days' notice to the Zoning Officer of any absence from
a scheduled meeting. The purpose of this seven-day notice it required
for the Zoning Officer to determine if a quorum will be present and
to make provisions for an alternate if needed. Any notice given less
than seven days prior to the scheduled meeting must be by reason of
an unknown emergency to the member. If a member shall fail to give
the required seven-day notice without the existence of an emergency
or, if a member of the Board shall be absent for one-third or more
of the scheduled meetings during any calendar year for any reason,
then and in that event the following shall apply:
(1)
The Zoning Officer shall request the resignation of
the nonattending member. If said member should not resign, then and
in that event, the member can be removed for cause by the Council
of the City of Latrobe upon written statement of reasons therefor
from the Zoning Officer and after public hearing.
(2)
According to seniority, an alternate will be asked
to become a regular member of the Board to fill the unexpired term
of any removed member. If willing to do so, and after removal of the
nonattending member, the alternate will become the mayor's designated
appointee and shall be appointed as a regular member of the Board
upon the vote of Council.
(3)
If the alternate does not desire to become a regular
member of the Board, then and in that event, a new regular member
shall be appointed to fill the unexpired term of that member pursuant
to the provisions of the Home Rule Charter.
(4)
Should an individual cease to be an alternate during
his/her term, Council shall thereafter fill the unexpired term of
the alternate by appointment pursuant to the provisions of the Home
Rule Charter.
A.
Administrative review. The Zoning Hearing Board shall
hear and decide appeals where it is alleged there is error in any
order, requirement, decision or determination made by the Zoning Officer
in the enforcement of this Zoning Chapter.
B.
Special exceptions.
(1)
The Zoning Hearing Board shall:
(a)
Hear and decide, on a case-by-case basis, only
such special exceptions as the Board is specifically authorized to
pass on by the terms of this Zoning Chapter.
(b)
Decide such questions as are involved in determining
whether a special exception should be granted;
(c)
Grant special exceptions with such conditions
and safeguards as are appropriate under this chapter or the Pennsylvania
Municipalities Planning Code,[1] or deny a special exception when the request does not
satisfy the general requirements hereinafter set forth below.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(2)
The special exception shall comply with all
provisions of this Zoning Chapter for the zone in which the special
exception is located; provided, however, that the Zoning Hearing Board
shall have the power and authority to vary the terms of the Zoning
Chapter. A special exception request seeking a deviation or variance
from the applicable terms of the Zoning Chapter shall also be deemed
to be a variance request for such deviation.
(3)
Each special exception shall be considered an
individual case and such exception shall conform to the standards
of this article. In addition to the specific requirements for each
of the special exceptions enumerated elsewhere in this article, the
Zoning Hearing Board shall find that:
(a)
The special exception fully complies with all
other applicable nonzoning regulations of this or other City regulations.
(b)
The use of the property will be of such location,
size and character that, generally, it will be in harmony with the
appropriate and orderly development of the zone in which the use is
situated and will not be detrimental to the orderly development of
adjacent properties nor inconsistent with any officially adopted development
plan for the City
(c)
Adequate ingress and egress from parking areas
is so designed as to cause minimum interference with traffic on abutting
streets.
(d)
If use of the property involves hazardous materials, as defined by a federal or state regulation, then and that event, the Zoning Hearing Board shall require the posting of appropriate security for the removal, disposal or cleanup of the hazardous material. The security shall remain in effect during the term of the business and shall be required of any subsequent successors or assigns. Failure to maintain the required security shall be grounds for a cease-and-desist order for the termination of the operation of business by the Zoning Officer. The provisions of this Subsection B(3)(d) shall continue in full force and effect after the granting of any special exception.
C.
Variances. The Zoning Hearing Board shall authorize
upon appeal in specific cases such variance from the terms of this
Zoning Chapter as will not be contrary to the public interest where,
owing to special conditions, a literal enforcement of the provisions
of this chapter would result in unnecessary hardship. A variance from
the terms of this chapter shall not be granted by the Board unless:
(1)
A written application for a variance is submitted
by one who has standing, that being a landowner, a buyer under a contract
for sale of real estate, or a tenant with the landowner's written
permission demonstrating that:
(a)
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 and conditions generally
created by the provisions of the Zoning Chapter in the neighborhood
or district in which the property is located.
(b)
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 Chapter and that the
authorization of a variance is therefore necessary to enable the reasonable
use of the property.
(c)
Such unnecessary hardship has not been created
by the applicant.
(d)
The variance, if authorized, will not alter
the essential character of the neighborhood or district in which the
property is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare.
(e)
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.
Reversing decisions of Zoning Officer.
(1)
In exercising its powers, the Zoning Hearing
Board may, as long as such action is in conformity with the terms
of this Zoning Chapter, reverse or affirm, wholly or in part, or may
modify the order, requirement, decision, or determination as necessary.
(2)
A majority of the quorum of the Board shall
be necessary to reverse any order, requirement, decision or determination
of the Officer, or to decide any matter upon which it is required
to act with regard to this chapter.
E.
Initiating action before the Board. All action before
the Board shall be initiated by a written application for hearing
which shall be filed with the Zoning Officer at least 21 days prior
to the meeting at which the matter is to be heard. All applications
shall be made on forms specified by the Zoning Officer. No application
shall be accepted unless the same shall be fully and legibly completed
and unless the applicant has standing, all exhibits and supplemental
material required by the application shall be attached and all fees
required shall have been paid.
F.
Time limitations.
(1)
Landowner appeals. All appeals from determinations
adverse to the landowner shall be filed by the landowner within 30
days' after notice of the determination is issued.
(2)
Appeal of persons aggrieved. No aggrieved person
shall be allowed to file any proceeding with the Board with regard
to a determination of a zoning matter later than 30 days after an
application for development, preliminary or final, has been approved
by the Zoning Officer.
(3)
Any person or persons, board or bureau of the City aggrieved by any decision by the Zoning Hearing Board may within 30 days of the decision by the Zoning Hearing Board seek review of such decision by a court of record, in the manner provided by the laws of the commonwealth and particularly by Article X of the Pennsylvania Municipalities Planning Code.[2]
G.
Hearings.
(1)
Hearing schedule. The Board may conduct hearings
and make decisions at any regular or special meeting. In no instance
will a hearing be scheduled later than 60 days from the date of the
applicant's request for a hearing, unless the applicant has agreed
in writing to an extension of time.
(2)
Notification of hearing.
(a)
Whenever a hearing has been scheduled, public
notice shall be given to the general public by means of publication
once each week for two successive weeks in a newspaper of general
circulation with the community. Such notice shall state the time and
place of the hearing and the particular nature of the matter to be
considered. The first publication shall not be more than 30 days and
the second publication shall not be less than seven days prior to
the date of the hearing.
(b)
Written notice shall be given to the applicant,
the Planning Commission, the Zoning Officer and to any person who
has made a timely request for such notice.
(c)
In addition to the notice provided herein, the
Zoning Officer shall conspicuously post notice of said hearing on
the affected tract of land no less than seven days prior to the date
of the hearing.
(3)
Conduct of hearing. The hearing shall be conducted
by the Zoning Hearing Board or the Board may appoint any member as
a hearing officer. The decision, or where no decision is called for,
the findings, shall be made by the Board, but the appellant or the
application, as the case may be, in addition to the City, may waive
in writing or on the record, the decision or findings by the Board
and accept the decision or findings of the hearing officer as final.
H.
Information required on appeals to the Board. All
appeals from a decision of the Zoning Officer and applications to
the Board shall be in writing on forms prescribed by the Board. Every
appeal or application shall include the following:
(1)
The name and address of the applicant or appellant.
(2)
The name and address of the owner of the zone
lot to be affected by such proposed change or appeal.
(3)
A brief description and location of the zone
lot to be affected by such proposed change or appeal.
(4)
A statement of the present zoning classification
of the zone lot in question, the improvements thereon and the present
use thereof.
(5)
A statement of the part of this chapter under
which the appeal is made, and reasons why it should be granted, or
a statement of the section of this chapter governing the situation
in which the alleged erroneous ruling is being appealed, and the reasons
for this appeal.
(6)
A reasonably accurate description of the present
improvements, and the additions or changes intended to be made under
this application, indicating the size of such proposed improvements,
and when requested, a description of the material and general construction
thereof. In addition, there shall be attached a plot plan of the real
property to be affected, indicating the location and size of the lot
and size of improvements thereof and proposed to be erected thereon.
A.
Establishment of Fee Schedule. The City Council shall,
by action as required by law, establish a schedule of fees, charges
and expenses and a collection procedure for building permits, appeals
to the Zoning Hearing Board and other matters pertaining to this Zoning
Chapter. The schedule of fees shall be posted in the office of the
Zoning Officer and may be altered or amended only by the City Council.[1]
[1]
Editor's Note: Said schedule is on file in
the City offices.
B.
Until all applicable fees, charges and expenses have
been paid in full, no applicant shall have standing and no action
shall be taken on any application or appeal. Further, no application
shall be valid to toll the running of any time period until the applicant
has standing and all appropriate fees have been paid.
A.
The regulations, restrictions and boundaries set forth
in this Zoning Chapter may from time to time be amended, supplemented,
changed or repealed; provided, however, that no such action may be
taken until after a public hearing in relation thereto by the City
Council, at which time interested parties and residents shall have
an opportunity to be heard. At least 14 days notice of the time and
place of such hearing shall be published in a newspaper of general
circulation in the City at least once in each of two successive weeks.
B.
If the amendment is initiated by any parties other
than the Planning Commission, the City Council shall submit each such
amendment to the Planning Commission at least 30 days prior to the
hearing on such proposed amendment to provide the Planning Commission
the opportunity to submit recommendations. 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, the City Council
shall hold another public hearing, pursuant to public notice, before
proceeding to vote on the amendment.
A conditional use, upon application to the Zoning
Officer, shall be submitted to the Latrobe Planning Commission for
recommendation of approval or disapproval and then to the Council
of the City of Latrobe for final approval or disapproval.
A.
An application for a conditional use shall be on a
form, and in the manner, prescribed by the Zoning Officer.
B.
The application shall be presented to Council for
final action within 60 days of receipt by the Zoning Officer of a
fully completed and signed application submitted by the owner (or
a purchaser under a binding agreement of sale) of the subject property.
C.
The sixty-day time period may be extended by consent
of the applicant, either in writing or upon the record at any proceedings.
D.
Failure by the City Council to timely act upon a properly
submitted application for conditional use within the time period set
forth above shall result in a deemed approval of the application.