Aldan City Zoning Code
ARTICLE VIII
Administration
§ 256-52 General procedure.
A.
Persons desiring to undertake any new construction, structural or site alteration or changes in the use of a building or lot shall apply to the Zoning Officer for a zoning permit by filling out the appropriate application form and by submitting the required fee.
B.
The Zoning Officer shall either issue the zoning permit or shall refuse the permit, indicating in writing the reason for refusal. Certain construction, alterations or uses require approval of the Zoning Hearing Board and/or of the Borough Council and/or the recommendations of the Planning Commission.
C.
If refused a permit by the Zoning Officer, the applicant may appeal to the Zoning Hearing Board for further consideration.
D.
After the zoning permit has been received by the applicant, he may undertake the action permitted by the zoning permit.
E.
Upon completion of such action, the applicant shall apply to the Zoning Officer for an occupancy permit (where such a permit is required).
F.
If the Zoning Officer finds that the action of the applicant is in accordance with the zoning permit and any other required permits, he shall issue an occupancy permit allowing the premises to be occupied.
§ 256-53 Permits and certificates.
A.
Zoning permit.
(1)
Scope.
(a)
No person shall erect, alter or convert any structure or building nor alter the use of any land or structure until the Zoning Officer issues a zoning permit to the person for said change or construction.
(b)
No building shall be approved without an approved sewage permit, where applicable.
(c)
No zoning permit is required for normal maintenance and repairs.
(2)
Types of uses.
(a)
Permitted use. A zoning permit for a permitted use may be issued by the Zoning Officer.
(b)
Special exception; variance. A zoning permit for a use requiring a special exception or variance shall be issued by the Zoning Officer only upon the written order of the Zoning Hearing Board after a hearing following an opportunity for review by the Planning Commission. An application for a special exception, variance or for interpretation of any part or provision of this chapter shall be made to the Zoning Hearing Board on forms which may be obtained from the Zoning Officer.
(3)
Application.
(a)
All applications for a zoning permit shall be in writing on a form provided by the Zoning Officer and shall be submitted to the Zoning Officer.
(b)
All applications for a zoning permit shall include a plot plan drawn to scale showing the location and dimensions of the lot area and of the proposed uses of buildings and/or land. The Zoning Officer or the Zoning Hearing Board may require any additional information which he or it deems necessary to properly evaluate the application for the purpose of determining its conformity with this chapter.
(c)
Prior to the issuance of any zoning permit, the Zoning Officer shall review the application for such permit to determine if all other necessary governmental permits (such as those required by state and federal laws such as Act 537, the Pennsylvania Sewage Facilities Act,[1] the Water Obstruction Act of 1913 and the Federal Water Pollution Control Act Amendments of 1972, Section 404, 33 U.S.C. § 1334) have been obtained. No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 53 P.S. § 750.1 et seq.
(d)
The Zoning Officer may submit a copy of any plan and application to any appropriate agencies and/or individuals (e.g., Planning Commission, Borough Engineer, etc.) for review and comment.
(4)
Issuance.
(a)
The Zoning Officer shall issue or refuse an application for a zoning permit within 15 days after the date such application was made, except as specifically provided for in this chapter.
(b)
A zoning permit shall be issued in at least triplicate.
(c)
One copy shall be kept conspicuously on the premises. No person shall perform building operations of any kind unless a zoning permit is being displayed as required by this chapter.
(d)
After the issuance of a zoning permit by the Zoning Officer, no changes of any kind shall be made to the application, permit, plans, specifications or other documents submitted with the application without the written consent or approval of the Zoning Officer.
(e)
The Zoning Officer shall be notified at least 24 hours prior to the commencement of work at the site under the zoning permit.
B.
Occupancy permit.
(1)
Scope. Prior to the use, occupancy or reoccupancy of any land or building or for any change of use of any existing building or for any change of use of land, an occupancy permit shall be secured from the Zoning Officer.
(2)
Application. All applications for an occupancy permit shall be in writing on a form furnished by the Zoning Officer.
(3)
Issuance.
(a)
The Zoning Officer shall grant or refuse an application for an occupancy permit within five days after being notified of the completion of authorized construction or alteration or, where no construction or alteration is involved, within five days after receipt of such application.
(b)
A copy of the occupancy permit shall be kept upon the premises and shall be displayed upon request made by any officer of the Borough.
C.
Other permits. The Borough may require additional permits specified in other related ordinances and laws.
D.
Certificate of nonconforming use or structure.
(1)
The owner of the premises occupied by a lawful nonconforming use or structure may secure a certificate of nonconforming use or structure from the Zoning Officer.
(2)
Such certificate shall be authorized by the Zoning Officer and shall certify to the owner his right to continue such nonconforming use or structure.
§ 256-54 Zoning Officer.
A.
Appointment.
(1)
The Zoning Officer shall be appointed by Borough Council, shall be a resident of the Borough and shall not hold any elective office. The residency requirement may be waived by the Borough Council.
(2)
The Zoning Officer or staff shall continue to serve the Borough until such time as the Borough Council declares otherwise.
B.
Duties and powers.
(1)
The Zoning Officer shall:
(a)
Administer the Zoning Ordinance in accordance with its literal terms.
(b)
Identify and register nonconforming uses and nonconforming structures.
(c)
Receive and examine all applications required under the terms of this chapter.
(d)
Issue or refuse permits within 15 days of the receipt of the application, except as specifically provided for in this chapter.
(e)
Receive complaints of violation of this chapter.
(f)
Issue a written notice of violation to any person violating any provision of this chapter.
(g)
Keep records of applications, permits and certificates issued, of variances granted by the Board, of complaints received, of inspections made, of reports rendered and of notice or orders issued.
(h)
Make all required inspections and perform all other duties as called for in this chapter.
(2)
The Zoning Officer shall not have the power to permit any construction, use or change of use which does not conform to this chapter.
(3)
Should the Zoning Officer be in doubt as to the meaning or intent of any provision of this chapter or as to the location of any district boundary line on the Zoning Map or as to the propriety of issuing a zoning permit or a certificate of occupancy in a particular case related to the provision of this chapter, he shall appeal the matter to the Zoning Hearing Board for interpretation and decision.
(4)
The Zoning Officer shall adopt rules of procedure, consistent with this chapter, for the purpose of assuring efficient and uniform administration of its provisions. Code sections shall be specifically cited when appropriate.
§ 256-55 Zoning Hearing Board.
A.
Appointment.
(1)
The Zoning Hearing Board shall consist of three residents of the Borough appointed by the Borough Council.
(2)
Board members shall serve terms of three years, so fixed that the term of office of one member shall expire each year.
(3)
Members of the Board shall hold no other office in the Borough.
(4)
The Borough Council may appoint a maximum of two alternate Zoning Hearing Board members. The terms of office for alternate members shall be three years. Alternate members shall hold no other public office. Alternates shall be designated to sit on the Board in accordance with the procedures described in Article IX of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(5)
Board members shall not be compensated for their duties.
D.
Organization.
(1)
The Board shall elect officers from its own membership. Officers shall serve annual terms and may succeed themselves.
(2)
For the conduct of any hearing and taking of any action, a quorum shall be not less than a majority of all members of the Board. However, the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties involved may waive further action by the Board.
(3)
The Board may make, alter and rescind rules and forms for its procedure, consistent with all applicable Borough ordinances and laws of the commonwealth.
(4)
The fees for all proceedings, hearings and actions by the Board shall be paid by the applicant.
E.
Zoning Hearing Board functions. The Zoning Hearing Board shall have exclusive jurisdiction for hearing and rendering a decision on the following matters in accordance with Article IX of the Pennsylvania Municipalities Planning Code, as amended[2]:
(2)
Procedural challenges to the validity of any land use ordinance, including challenges raising questions of defective enactment.
(3)
Appeals from any determination of a zoning officer.
(4)
Appeals from determinations by a municipal engineer or zoning officer in matters relating to the administration of floodplain or flood hazard ordinances.
(5)
Applications for a variance from a zoning, floodplain or flood hazard ordinance.
(a)
The Board shall hear requests for variances filed with the Board in writing by any landowner (or any tenant with the permission of such landowner) which allege that the provisions of this chapter inflict unnecessary hardship upon the applicant.
(b)
The Board may grant a variance only if the following findings, where relevant, are made:
[1]
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 this chapter in the neighborhood or district in which the property is located;
[2]
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 Ordinance, and a variance is therefore necessary to enable the reasonable use of the property;
[3]
Such unnecessary hardship has not been created by the appellant;
[4]
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; and
[5]
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.
(c)
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
(6)
Applications for special exceptions pursuant to a zoning, floodplain or flood hazard ordinance.
(a)
The Board shall hear and decide requests for all special exceptions filed with the Board in writing by any landowner (or any tenant with the permission of such landowner), as provided in this chapter and in accordance with such standards and criteria contained in this chapter.
(b)
The Board shall have the authority to require market feasibility, environmental and/or traffic studies to reach a fair decision regarding special exception uses.
(c)
In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes and intent of this chapter.
(7)
Appeals from a zoning officer's determination about compliance with applicable ordinance and map requirements.
(8)
Appeals of determinations by the municipal engineer or zoning officer concerning sedimentation, erosion, control and stormwater management.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
F.
Zoning Hearing Board procedures.
(2)
Records and reports. The Board shall keep full public records of its business and shall submit an annual report of its activities to the Borough Council.
(3)
Court appeals.
(a)
In the case of an appeal from the Board to the Court of Common Pleas, the Board shall make the return required by law and shall promptly notify the Borough Solicitor of such appeal and furnish him with a copy of the return, including the transcript of testimony.
(b)
Any decision of the Board not appealed within 30 days after notice thereof shall be final.
G.
Applications to the Board.
(1)
All appeals from a decision of the Zoning Officer and applications to the Board shall be in writing on forms prescribed by the Board.
(2)
Every appeal or application shall include the following:
(a)
The name and address of the applicant or appellant;
(b)
The name and address of the owner of the property to be affected by such proposed change or appeal;
(c)
A brief description and location of the property to be affected by such proposed change or appeal;
(d)
A statement of the present zoning classification of the property in question, the improvements thereon and the present use thereof;
(e)
A statement of the section 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; and
(f)
A reasonably accurate description of the additions or changes intended to be made under this application, indicating the size, material and general construction of such proposed improvements. A plot plan of the property to be affected, indicating the location and size of the lot and the size of existing and intended improvements, shall be attached to the description.
§ 256-56 Hearings.
The Board shall conduct hearings and make decisions in accordance with the provisions of Act 247, as amended[1]:
A.
Notice of hearings. Public notice shall be given of all hearings of the Board.
(1)
Notice to the public shall be published once each week for two successive weeks in a newspaper of general circulation in the Borough.
(2)
Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
(3)
Notice shall be given to the applicant, the Zoning Officer, the Commission, the Borough Council, adjoining property owners (including those across the street) and any other person or group (including civic or community organizations) who has made a timely request for such notice, by personally delivering or mailing a copy of the published notice.
(4)
Adjoining municipalities.
(a)
In any matter which relates to a property which lies within 200 feet of the boundary of another municipality, the Secretary of the Board shall transmit to the Municipal Clerk of this other municipality a copy of the official notice of the public hearing on such matters, not later than one day after publication thereof.
(b)
The other municipality shall have the right to appear and to be heard at the public hearing.
(5)
The Borough Council may establish reasonable fees, based on cost, to be paid by the applicant for any notice required by this chapter and by persons requesting any notice not required by ordinance. Fees shall be set by resolution of Borough Council.
B.
Parties.
(1)
The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the Board and any other person including civic or community organizations permitted to appear by the Board.
(2)
The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.
C.
Oaths and subpoenas. The Chairman or Acting Chairman of the Board presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
D.
Representation by Counsel. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
E.
Evidence. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
G.
Ex parte communications.
(1)
The Board shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved, except upon notice and opportunity for all parties to participate.
(2)
The Board shall not take notice of any communication, reports, staff memoranda or other materials unless the parties are afforded an opportunity to contest the material so noticed.
(3)
After the commencement of hearings, the Board shall not inspect the site or its surroundings with any party or his representative, unless all parties are given an opportunity to be present.
H.
Referral to Planning Commission.
(2)
In its review of a special exception, the Commission shall evaluate compliance with the standards and criteria set forth in this chapter.
(3)
In all cases the Commission shall report, in writing, its findings and recommendations to the Board within 30 days of receiving the request for review.
(4)
The Board and Commission shall establish mutually acceptable procedures to assure that the review is accomplished in time to permit the Board to make its required decision.
I.
Decision/findings.
(1)
The Board shall render a written decision or make written findings (when no decision is called for) on the application, within 45 days after the last hearing before the Board or hearing officer.
(2)
Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefore.
(3)
Any conclusion based on any provision of Act 247, as amended,[2] or of this chapter or of any other ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
J.
Notice of decision.
(1)
A copy of the final decision or a copy of the findings (when no decision is called for) shall be delivered to the Zoning Officer and the applicant personally or mailed to him not later than the day following its date.
(2)
The Zoning Hearing Board shall provide (by mail or otherwise) a brief notice of the decision or findings and a statement of the place where the full decision or findings may be examined to all other persons who have filed their name and addresses with the Zoning Hearing Board not later than the last day of the hearing.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 256-57 Appeals.
Article X-A of the Pennsylvania Municipalities Planning Code, as amended,[1] sets forth procedures governing the appeal of a land use decision rendered pursuant to this chapter. These provisions shall be the exclusive mode for securing review of any such decision.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 256-58 Amendments.
A.
The Borough may, on its own motion or by petition, amend, supplement, change, modify or repeal this chapter.
B.
Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, pursuant to public notice. If the proposed amendment involves a map change, notice of public hearing must be posted on the affected property at least one week prior to the hearing.
C.
In the case of an amendment other than that prepared by the Planning Commission, such amendment shall be submitted to the Planning Commission at least 30 days prior to the hearing on such proposed amendment and permit the Commission an opportunity to submit recommendations. In the case of an amendment proposed by a landowner, the landowner shall submit the requested amendment, along with the required fee, to the Zoning Officer. The Zoning Officer shall then send a copy to the Planning Commission for review.
D.
The Planning Commission shall submit the proposed amendment to the County Planning Commission for recommendations at least 30 days prior to the hearing on such proposed amendment.
E.
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 Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
F.
Proposed zoning amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Borough where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Borough Council shall publish the proposed chapter or amendment once in one newspaper of general circulation in the Borough not more than 60 days nor fewer than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Borough Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
G.
In the event that substantial amendments are made in the proposed amendment, before voting upon enactment, the Borough Council shall, at least 10 days prior to enactment, readvertise, in one newspaper of general circulation in the Borough, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
H.
Zoning ordinances and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.
I.
A certified copy of the enacted amendment must be sent to the Delaware County Planning Commission within 30 days of enactment.
§ 256-59 Curative amendments.
A.
A landowner who desires to challenge on substantive grounds the validity of this chapter which prohibits or restricts the use or development of land in which he has an interest, may submit a curative amendment to Borough Council with a written request that his challenge and proposed amendment be heard and decided as provided in Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The Borough Council shall commence a hearing thereon within 60 days of the request unless the landowner requests a consent to an extension of time.
§ 256-60 Filing fees and costs.
A.
The Borough Council has established by resolution a schedule of fees and a collection procedure relating to all applications filed pertaining to this chapter. A revised or new fee schedule and collection procedures may be adopted from time to time.
B.
No application shall be considered filed until all fees are paid.
§ 256-61 Enforcement remedies; violations and penalties.
[Amended 5-13-1992 by Ord. No. 441]
A.
Enforcement remedies.
[Amended 6-13-2001 by Ord. No. 478]
(1)
If any building, structure or land is, or is proposed to be, erected, constructed, reconstructed, altered, maintained or used in violation of this chapter, or any order, variance or special exception issued by the Zoning Hearing Board, the Borough Council or its authorized representative and/or the Zoning Officer may, in addition to other remedies, institute in the name of the Borough any and all appropriate civil, equitable or administrative proceedings or causes of action to prevent, restrain, correct or abate such building, structure or land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation of either this chapter or any order, variance or special exception issued by the Zoning Hearing Board by any person, partnership, firm, corporation or entity which owns, maintains, possesses or otherwise has control of the offending building, structure or land.
(2)
The Borough Council or its authorized representative and/or the Zoning Officer may, in addition to the civil, equitable and administrative remedies authorized in Subsection A(1) above, commence a civil enforcement proceeding, in the name of the Borough, against any person, partnership, firm, corporation or entity which has violated or permitted the violation of the provisions of this chapter or any order, variance or special exception issued by the Zoning Hearing Board; and upon a finding of liability against a defendant in any such civil enforcement proceeding shall require the payment of a judgment of not more than $500 or maximum amount permitted by Section 617.2 of the Municipalities Planning Code,[1] whichever is greater, in addition to all court costs, expenses and attorney's fees incurred by the Borough as a result of such action.
[1]
Editor's Note: See 53 P.S. § 10617.2.
(5)
If the defendant in any action or proceeding commenced within Subsection A(1) and (2) above neither pays nor timely appeals the judgment, including all costs, fees and expenses regarding the proceedings contained within Subsection A(1) and (2) above, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
(6)
Each day that a violation of this chapter or any order, variance or special exception issued by the Zoning Hearing Board continues shall constitute a separate and distinct violation.
B.
Enforcement penalties.
(1)
Any person, partnership, firm, corporation or entity who or which violates any provision of this chapter or of any order, variance or special exception issued by the Zoning Hearing Board shall, upon conviction thereof, be guilty of a summary offense punishable by a fine not to exceed $1,000 and/or a term of incarceration not to exceed 30 days, in addition to all court costs, expenses and attorney's fees incurred by the Borough.
(2)
Each day that a violation continues shall constitute a separate and distinct offense.
§ 256-62 Planning Commission duties.
B.
The Planning Commission, at the request of Borough Council, may:
(1)
Make recommendations to Borough Council concerning the adoption or amendment of an Official Map.
(2)
Prepare and present a Zoning Ordinance to Borough Council and make recommendations on proposed amendments to it.
(4)
Prepare and present a building code and housing code to the Borough Council.
(5)
Prepare and present an environmental study to the Borough Council.
(6)
Submit a recommended capital improvements program to the Borough Council.
(7)
Promote public interest in and understanding of the Comprehensive Plan and planning.
(8)
Make recommendations to governmental, civic and private agencies and individuals as to the effectiveness of the proposals of such agencies and individuals.
(9)
Hold public hearings and meetings.
(10)
In the performance of its functions, enter upon any land to make examinations and land surveys with the consent of the owner.
C.
The Planning Commission shall keep a full record of its business and shall annually make a written report by March 1 of each year of its activities to the Borough Council. Interim reports may be made as often as may be necessary or as requested by Borough Council.