Altoona City Zoning Code
ARTICLE VI
ADMINISTRATION
§ 800-82 Purpose, appointment, and powers of Zoning Officer and Hearing Board.
A.
Appointment and Powers of Zoning Officer.
(1)
For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the City, shall be appointed.
(2)
The Zoning Officer shall administer and enforce this chapter and may be provided with the assistance of such other persons as the Mayor may direct.
(3)
The Zoning Officer shall meet the qualifications established by the City and shall be able to demonstrate to the satisfaction of the City a working knowledge of municipal zoning.
(4)
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.
(5)
The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of such Officer's employment.
(6)
The Zoning Officer shall have all the powers and responsibilities assigned such Officer this chapter as well as any others assigned by the Municipalities Planning Code, or other state or federal law.
B.
Zoning Hearing Board.
(1)
City Council hereby creates, by authority of the Municipalities Planning Code, a zoning hearing board for the City of Altoona, with the powers and duties as outlined herein. The Zoning Hearing Board of the City of Altoona shall consist of five residents of the City, appointed by City Council via a resolution. Each member's term of office shall be five years and shall be so fixed that the term of office of one member of a five-member board shall expire each year. Members of the Zoning Hearing Board shall hold no other office in the City government. The Zoning Hearing Board shall function as required by the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247, as reenacted and amended).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 800-83 Zoning permits.
A.
When zoning permits are needed. A zoning permit is needed before a landowner may have a non-sign structure erected, constructed, altered, converted, or moved onto his or her lot or have a nonconforming, non-sign structure reconstructed, structurally altered, or moved on his or her lot (unless this chapter specifically states otherwise). Article V of this chapter, Signs, explains when zoning permits are required for signs. No land improvements or other development activities shall be commenced before the involved landowner has a zoning permit for these activities.
B.
The procedure for obtaining a zoning permit. Anyone who wishes to obtain a zoning permit shall follow the procedure below.
(1)
Application for permits. All applications for zoning permits shall be accompanied by a site plan, drawn to scale, actually showing the shape and dimensions of the lot to be built upon, the exact size and location of any buildings existing on the lot, the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of each building or part of a building, the number of households or dwelling units the building is designed to accommodate, and such information as may be necessary to determine compliance with this chapter and all other pertinent ordinances. One copy of such plans shall be approved or denied. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied.
(2)
Issuance or denial of permits. The issuance or denial of zoning permits shall follow the following procedure.
(a)
Filing. An application shall not be officially filed until all required information has been submitted as follows:
[1]
All zoning application packages submitted under this chapter shall include the following elements:
[a]
One completed and executed original application form. This can be the building permit itself if the Zoning Officer needs no further information.
[b]
A project narrative may be required which describes the project. For zoning applications, the applicant should make points relevant to his or her case in this document.
[c]
Three copies of any studies that may be required by the applicable section of this chapter or other controlling law or regulation.
[d]
The appropriate filing fees as established by resolution of the City Council from time to time. Fees are due at approval.
[e]
Any additional information as required below or by the standards set forth in the text relating to the submittal.
[2]
All applications submitted for variances, special exceptions, or conditional use approval shall contain the following information. Due to the wide variety of requests made under zoning provisions, the requirements below are general. The applicant should work with the Zoning Officer to develop a suitable plan for submittal to the reviewing agency. In all cases, the requirements of § 800-83B apply.
[a]
Applications must include nine paper copies in addition to an electronic version of the complete submittal package.
[b]
A project narrative is required for cases to be decided by the Zoning Hearing Board or City Council. This narrative must describe the project and must explain, point by point, how the application meets the specific requirements for the involved variance, special exception, or conditional use.
[c]
A detailed site plan with dimensions that includes all buildings, paving, landscaping, etc. on site.
[d]
Photographs of the involved property and its existing condition.
[e]
All applications involving signs must show detailed, scaled drawings of the proposed signs as well as any existing ones on site.
C.
Special permit application requirements for industrial zones. In order that the Zoning Officer may have a reasonable basis upon which to approve a proposed industrial operation or an expansion of an existing industrial operation for conformity to the requirements of this chapter, the following data required shall be submitted with an application for a permit, in addition to the requirements for a zoning permit:
(2)
Architectural plan to a scale of 1/8 inch equals one foot.
(3)
Description of operation.
(4)
Engineering and architectural plans for all utilities to a scale of 1/8 inch equals one foot.
(5)
Plans for prevention or control of noise, vibration, glare, fire hazard, air pollution, water pollution, and traffic.
(6)
Number of shifts and maximum employment per shift.
(7)
Stormwater management plan and provisions allowing floodplain construction, if necessary.
(8)
Additional pertinent data as may be required by the Zoning Officer.
(9)
Evidence of approval of any state agency concerned.
D.
Special permit application requirements for sexually oriented businesses. In order that the Zoning Officer may have a reasonable basis upon which to approve a proposed sexually oriented business or an expansion of a sexually oriented business for conformity to the requirements of this chapter, the data required in § 800-52, Sexually oriented business, shall be submitted with an application for a permit, in addition to the requirements aforementioned for a zoning permit in § 800-83, Zoning permits.
E.
The duration of zoning permits. A zoning permit shall expire within 12 months of the date of issuance if all required permits have not been approved, regardless of jurisdiction. If all required permits have not been approved in the specified time period, a permit extension may be requested through the Zoning Hearing Board. In such cases, the zoning permit shall remain valid until the Board renders its decision.
F.
Inspections. In order to determine if the information submitted on or with an application is true and is being adhered to, the Zoning Officer shall have the authority to enter any building, structure, premises, property, or development in the City at any reasonable hour upon presentation of proper credentials. If the party seeking a zoning permit believes that the denial of a zoning permit was made in error, he or she may appeal.
G.
Revocation of permits. If the Zoning Officer discovers that the development does not comply with the approved application or any applicable laws or ordinances, or if the permit fee required by this chapter has not been paid, or if the Zoning Officer determines that an applicant has made any false statements or misrepresentations regarding the development, the Zoning Officer shall revoke the zoning permit and proceed with whatever legal action is necessary to correct the violation.
H.
Permits issued in error. Any zoning permits issued in error shall be null and void.
I.
Appeals. The applicant may appeal the denial of a zoning permit, and aggrieved persons may appeal the issuance of a zoning permit.
§ 800-84 Vested rights and development changes.
A.
Nothing in this chapter shall require any change in the development or use of a lot or structure for which a zoning permit was officially filed prior to September 8, 2025, or the effective date of an amendment to this chapter; however, no properties or buildings shall deviate from the plans and other information submitted and approved under prior ordinances. Conditional uses, special exceptions, and variances issued under prior ordinances shall become nonconforming uses or structures on September 8, 2025, and all changes from the original plans shall be treated as changes to nonconforming uses under Article III of this chapter, unless such changes comply with this chapter.
B.
If a zoning permit is issued, the involved development shall not deviate from the plans and other information submitted to the Zoning Officer without the written approval of the Zoning Officer, or the City Council, in the case of a conditional or temporary use, and the Zoning Hearing Board, in the case of a special exception or variance. Requests for all such approvals shall be submitted in writing to the Zoning Officer.
§ 800-85 Nonconforming buildings and uses.
A.
Purpose.
(1)
The districts established by this chapter constitute the proper location for the specific enumerated uses, buildings, and other structures permitted therein. Within such districts, however, there exist nonconformities that were lawfully in existence before September 8, 2025 (or the effective dates of subsequent amendments), but are prohibited under the terms of this chapter. Future amendments to this chapter may be expected to create additional nonconformities.
(2)
The legitimate interests of those who established these nonconformities are recognized in this chapter by permitting such nonconformities to continue, subject to regulations for and limitations upon their completion, restoration, reconstruction, extension, and substitution. It is recognized, however, that nonconformities substantially and adversely affect the orderly development, maintenance, use, and taxable value of other property in the district — property that is itself subject to the regulations of this chapter. In order to secure eventual compliance with the standards of this chapter, it is, therefore, necessary to strictly regulate nonconformities and to prevent the reestablishment of nonconformities that have been discontinued.
(3)
Accordingly, the following sections divide nonconformities into five classes and provide appropriate regulations for each class. These classes are:
(a)
Vacant lots smaller than the minimum size, width, depth, or any combination thereof, required by this chapter.
(b)
Nonconforming buildings and structures used for a permitted use.
(c)
Nonconforming uses of conforming buildings and structures.
(d)
Nonconforming buildings and structures used for a nonconforming use.
(e)
Nonconforming use of land.
(4)
In the case of existing residential uses and structures in any nonresidential zone, regulations for the geographically closest residential district for setbacks, height, areas and coverage shall apply.
B.
Nonconforming vacant lots.
(1)
A "prerecorded nonconforming lot" is a lot consisting entirely of a tract of land that:
(a)
Has less than the prescribed minimum lot size, width, depth, or any combination thereof, for the district in which it is located.
(b)
Is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size, width, depth, or any combination thereof, at such location would not have been prohibited by any zoning ordinance.
(c)
Has remained in separate and individual ownership from adjoining tracts or land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning ordinance.
(2)
If the development on such a lot cannot conform to the side yard requirements of the district in which it is located, then the development must conform to a requirement of three feet for each side yard. On a corner lot, the side yard abutting the street shall not be less than 10 feet.
C.
Nonconforming buildings and structures used for permitted uses.
(1)
A lawfully existing building or other structure which contains a conforming use, but which does not comply with the applicable lot size requirements, building bulk limitations, or off-street parking requirements, may be continued so long as it remains otherwise lawful. Such buildings or other structures are referred to in this article as "nonconforming buildings" and are subject to all of the following regulations:
(2)
Ordinary repair and maintenance.
(a)
Ordinary maintenance and repair work, or repair and replacement of nonbearing walls, fixtures, wiring, or plumbing may be accomplished; provided, however, that this subsection shall not be deemed to authorize any violation of this section.
(b)
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of a nonconforming building, subject to the provisions of this section, in accordance with the order of a public official who is charged with protecting the public safety and who declares such building to be unsafe and orders its restoration to a safe condition.
(3)
Repairs and alterations. Repairs, maintenance, and alterations may be made to a nonconforming building or structure, except that no structural alteration shall be made in or to such building or structure, except those required by law and except those making the building or structure and use thereof conform, or more closely conform, to the regulations of the district in which it is located.
(4)
Enlargements. No nonconforming building shall be enlarged or added to in any manner unless such building and the use thereof shall thereafter conform to, or more closely conform to, the regulations of the district in which it is located.
(5)
Reconstruction. In the event that a nonconforming building or structure used for a permitted use is damaged or destroyed by any means to such an extent that the cost of restoring it to its condition prior to damage or destruction exceeds 50% of the current replacement cost of the entire building, exclusive of foundations, such building and use shall not be restored unless it shall thereafter conform to the regulations for the district in which it is located.
(6)
Moving. No nonconforming building or other structure shall be moved in whole or in part, for any distance whatever, to any other relocation on the same lot or any other lot, unless the entire building and the use thereof shall thereafter conform to the regulations of the district in which it is located after being moved.
(7)
Multiple buildings on a lot. In the event that a lot is occupied by two or more buildings, and the use of the buildings is a permitted use under this chapter, and the owner desires to sell one or more of said structures, thus requiring a lot split or subdivision plan to be prepared and approved by the Planning Commission, effectively making the remaining lots not comply with the yard area and lot coverage requirements as set forth in this chapter, then said requirements shall not apply.
D.
Conforming buildings and structures used for nonconforming uses.
(1)
A lawfully existing nonconforming use of part or all of a building or structure may be continued, subject to all of the following provisions:
(2)
Expansion of nonconforming use. A nonconforming use of a part of a building or structure may be expanded or extended into any other portion of such building or structure, provided that such expansion or extension shall not in any case be detrimental to or tend to alter the character of the neighborhood and that approval therefor be granted by the Zoning Hearing Board.
(3)
Change of nonconforming use. A nonconforming use all or partially conducted in a structure or structures may be changed to another nonconforming use only upon determination by the Zoning Hearing Board, after public hearing, that the proposed new use will be more conforming to its neighborhood and surroundings than the use it is to replace. With the application, the applicant shall submit a brief report. This report shall take into consideration such factors, among others, as traffic generated; nuisance characteristics, such as emission of noise, dust, odors and smoke, creation of vibrations and fire hazards; the hours and manner of operation.
(4)
Discontinuance of nonconforming use. A use occupying a building or structure, not conforming to the regulations of the district in which it is located, that is discontinued during any continuous period of 12 months shall not be continued, and said building or structure shall only be occupied by a use which conforms to the district in which it is located.
(5)
Reconstruction. In the event that a conforming building or structure containing a nonconforming use is damaged or destroyed by any means, voluntary or involuntarily, said building may be restored. If the owner chooses to reconstruct the conforming building or structure, the nonconforming use must be reinstated within 12 months.
(6)
Moving. No building or other structure that is devoted in whole or in part to a nonconforming use shall be moved in whole or in part, for any distance whatsoever, to any other lot, unless the entire building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located after being so moved. Moreover, no nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to the regulations of the district in which it is located after being moved.
E.
Nonconforming buildings and structures used for nonconforming uses.
(1)
A lawfully existing nonconforming building or other structure which contains a lawfully existing nonconforming use of part or all of said building or structure may be continued, subject to all the following provisions:
(2)
Ordinary repair and maintenance of nonconforming building or structure.
(a)
Ordinary maintenance and repair work or repair and replacement of nonbearing walls, fixtures, wiring, or plumbing may be accomplished; provided, however, that this subsection shall not be deemed to authorize any violation of this section.
(b)
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of a nonconforming building subject to the provisions of this section in accordance with the order of a public official who declares such building to be unsafe and orders its restoration to a safe condition.
(3)
Repairs and alterations to a nonconforming building or structure. Repairs, maintenance, alterations, and modernization may be made to a nonconforming building or structure, except that no structural alteration shall be made in or to such building or structure except those required by law and except those making the building or structure and use thereof conform, or more closely conform, to the regulations of the district in which it is located.
(4)
Enlargements of nonconforming building or structure. No nonconforming building or structure shall be enlarged or added to in any manner unless such building or structure shall thereafter conform to, or more closely conform to, the regulations of the district in which it is located.
(5)
Expansion of nonconforming use. A nonconforming use of a part of a nonconforming building or structure may be expanded or extended into any portion of such building or structure, provided that such expansion or extension shall not in any case be detrimental to or tend to alter the character of the neighborhood and that approval therefor be granted by the Zoning Hearing Board.
(6)
Change of nonconforming use. A nonconforming use all or partially conducted in a nonconforming structure or structures may be changed to another nonconforming use only upon determination by the Zoning Hearing Board, after public hearing, that the proposed new use will be more conforming to its neighborhood and surroundings than the use it is to replace. With the application, the applicant shall submit a brief report. This report shall take into consideration such factors, among others, as traffic generated; nuisance characteristics, such as emission of noise, dust, odors, and smoke, creation of vibrations and fire hazards; the hours and manner of operation.
(7)
Discontinuance of nonconforming use. A use occupying a nonconforming building or structure not conforming to the regulations of the district in which it is located that is discontinued during any continuous period of 12 months shall not be continued, and said building or structure shall only be occupied by a use which conforms to the district in which it is located.
(8)
Reconstruction. In the event that a nonconforming use within a nonconforming building or structure damaged or destroyed by any involuntary means to such an extent that the cost of restoring it to its condition prior to damage or destruction exceeds 50% of the current replacement cost of the entire building, exclusive of foundations, such building and use shall not be restored unless it shall thereafter conform to the regulations for the district in which it is located.
(9)
Moving. No nonconforming building or other structure that is devoted in whole or in part to a nonconforming use shall be moved in whole or in part, for any distance whatsoever, to any other lot, unless the entire building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located after being so moved. Moreover, no nonconforming use of land shall be moved in whole or in part, for any distance whatever, to any other location on the same or any other lot, unless such use shall thereafter conform to the regulations of the district in which it is located after being moved.
(10)
Multiple buildings on a lot. In the event that a lot is occupied by two or more buildings, and the use of the buildings is a permitted use under this chapter, and the owner desires to sell one or more of said structures, thus requiring a lot split or subdivision plan to be prepared and approved by the Planning Commission, effectively making the remaining lots not comply with the yard area and lot coverage requirements as set forth in this chapter, then said requirements shall not apply.
F.
Nonconforming use of land.
(1)
The nonconforming use of land may be continued, subject to all of the following provisions:
(a)
Expansion of use. A nonconforming use of land may be expanded, provided that such expansion not be detrimental to or tend to alter the character of the neighborhood and that approval therefor be granted by the Zoning Hearing Board.
(b)
Discontinuance of use. A use not conforming to the regulations of the district in which it is located prior to the ordinance's date of enactment, which is discontinued and is not renewed during any continuous period of 12 months, shall not be renewed except by a use that conforms to the use regulations of the district in which the land is located.
G.
Other legal nonconformities.
(1)
All variances, special exceptions, conditional uses, and uses by special permission issued under previous zoning ordinances are hereby extinguished and are converted to legal nonconformities so long as such nonconformities continue as they were under the previous ordinance(s).
(2)
Uses, land, and buildings which were illegal under previous ordinances shall remain illegal under this chapter. It shall be incumbent on the owner to prove the legality of such uses if the legality is in question.
H.
Registration of nonconforming uses.
(1)
All nonconforming uses, structures and lots may be continued, subject to the provisions set forth in this article VI. The Zoning Officer shall identify properties and maintain a file for the registration of nonconforming uses, structures and lots. The owner of any nonconforming structure or lot, or the owner who maintains or allows any nonconforming use, may apply for a certificate of nonconformity on forms prepared by the Zoning Officer. The Zoning Officer shall investigate each request for a certificate of nonconformity to determine the existence and extent of the nonconformity. Upon determining that such nonconformity exists, the Zoning Officer shall prepare a report describing the nature and extent of the nonconformity. If no valid nonconformity is determined to exist, the Zoning Officer shall make a report of the results of the Zoning Officer's investigation. Such report shall constitute a certificate of nonconformity to the extent such a valid nonconformity is reported to exist and is described. A copy of such report and determination shall be sent to the applying owner and to any other interested party. A copy of such report shall be placed in the registration file, regardless of the determination. Any person aggrieved by the report shall have a right to appeal to the Zoning Hearing Board as from the decision of the Zoning Officer.
(2)
The lawful use of any building, structure or land existing at the time of enactment of the ordinance causing such use to be nonconforming may be continued as provided by law although such use does not conform with the provisions of such ordinance.
§ 800-86 Enforcement of provisions.
A.
Where relevant and not specified elsewhere in this chapter, enforcement for any provision and/or regulation in this chapter shall be conducted as specified in the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended. See 53 P.S. § 10101 et seq.
B.
The Zoning Administrator, or their authorized designee, shall be responsible for administering and enforcing the provisions of this Zoning Ordinance. This authority includes investigating potential violations, conducting site inspections, issuing written notices of violation, and initiating enforcement actions in accordance with this chapter and applicable state law.
C.
Notice of violation.
(1)
When the Zoning Administrator determines that a violation of the Zoning Ordinance has occurred or is occurring, they shall issue a written Notice of Violation to the property owner, tenant, or other responsible party. The notice shall include:
D.
Right of entry and inspection.
(1)
To determine compliance or investigate a potential violation, the Zoning Administrator is authorized to enter upon any property during reasonable hours with the consent of the owner or occupant, or pursuant to lawful authority. When necessary, the Administrator may coordinate with other City departments or agencies to assist with inspections.
E.
Enforcement actions.
(1)
If the violation is not corrected within the timeframe specified in the Notice of Violation, the Zoning Administrator may initiate one or more of the following enforcement measures:
§ 800-87 Effect on prior ordinances.
A.
Prior ordinances preserved. The provisions of this enactment shall not affect any act done, contract executed, or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted, to enforce any right, rule, regulation, or ordinance or to punish any offense against any such repealed ordinances or against any regulation or procedure enacted under them.