Avondale City Zoning Code
ARTICLE XVI
Administration
§ 430-107 Enforcement.
A.
Zoning Officer. The Borough Council shall appoint a Zoning Officer who shall not hold any elective office in the Borough. 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 the provisions of this chapter. The Zoning Officer is hereby given the power and authority to enforce this chapter and is authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his duties. The Zoning Officer shall be appointed by the Borough Council for an indefinite term at the pleasure of Council, and shall serve in that capacity until a successor is chosen and appointed.
[Amended 2-16-1999 by Ord. No. 184]
B.
Duties and powers of the Zoning Officer. The Zoning Officer shall have such duties and powers as are assigned by this chapter and are reasonably implied for the purpose of carrying out the following duties:
(1)
To enforce, literally, the provisions of this chapter and subsequent amendments.
(2)
Receive and examine all applications for permits and sign and issue permits in conformance with the terms of this chapter.
(3)
Record and file all applications for permits with any accompanying plans and documents. All information shall be matters of public record.
(4)
Maintain an official record of all business and activities, including complaints of violations of any of the provisions of this chapter and of the action taken on each such complaint. The Zoning Officer shall make such inspections as needed to fulfill his duties.
(5)
Issue permits for construction and uses which are in accordance with the requirements of this chapter.
(6)
Issue permits for uses and structures approved by special exceptions and/or variances, only after such uses and structures permitted in conjunction therewith are approved by the Zoning Hearing Board, in accordance with the terms of this chapter or as directed by a court of competent appellate jurisdiction, subject to such conditions or stipulations contained in any such order.
[Amended 2-16-1999 by Ord. No. 184]
(7)
Maintain the official copy of this chapter and Map up-to-date so as to include all amendments thereto.
(8)
Inspect nonconformities, including nonconforming uses, structures and lots.
[Added 2-16-1999 by Ord. No. 184]
§ 430-108 Violations and penalties.
[Amended 2-16-1999 by Ord. No. 184]
Failure to secure a permit prior to the construction, alteration, extension or demolition of any building or structure; failure to secure a permit prior to a change in use of land, buildings or structures; failure to secure a use and occupancy permit prior to the use or occupancy of any land building or structure; failure to obey or comply with an order or condition of approval of any special exception, variance (conditional use) or other zoning relief ordered and granted by the Zoning Hearing Board or Borough Council, as applicable; failure to comply with an enforcement notice duly issued by the Zoning Officer or any authorized Borough enforcement officer in relation to the provisions of this chapter; failure to comply with a lawful directive of the Zoning Officer issued under the provisions of this chapter and the undertaking of any deliberate action which is contrary to the terms of this chapter shall constitute a violation of this chapter, and the Zoning Officer is authorized to take such enforcement action as determined appropriate under the provisions of this Article XVI.
A.
Causes of action. Where any building or structure is erected, reconstructed, converted or maintained, or any building, structure or land is used in violation of this chapter, Borough Council or, with the approval of Borough Council, the Zoning Officer, may, in the name of the Borough:
B.
Notice of violation. Where it appears to the Borough that a violation of any provisions of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
(1)
The enforcement notice shall be sent to the owner of record of the lot 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.
(2)
The enforcement notice shall state the following:
(a)
The name of the owner of record and any other person against whom the Borough intends to take action;
(b)
The location of the property in violation;
(c)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the chapter;
(d)
The date before which the steps for compliance must be commenced and the date before which steps must be completed;
(e)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days of the recipient's receipt of the enforcement notice.
[Amended 2-16-1999 by Ord. No. 184]
(f)
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.
(g)
The enforcement notice shall be served by United States Certified or Registered Mail or by personal service.
[Added 2-16-1999 by Ord. No. 184]
C.
Discontinuance. Where the notice of violation is not complied with in the time period set forth in the notice, the Zoning Officer shall order the discontinuance of such unlawful use of land, structure, or building involved in said violation.
D.
Enforcement remedies. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, shall pay a judgement of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by the Borough as a result thereof. If the defendant neither pays nor timely appeals the judgement, the Borough may enforce the judgement pursuant to applicable rules of civil procedure. Each day a violation continues constitutes a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person violating the chapter to have believed there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation. All judgements, costs, and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Borough.
§ 430-109 Permits, general.
A.
Requirement of permits. A permit shall be required prior to the erection or structural alteration of any buildings, structures, or portion thereof, prior to the use or change in use of a building or land, and prior to the change or extension of a nonconforming use or structure. Applications for permits shall be made, in writing, to the Zoning Officer on such forms as may be furnished by the Borough. Such application shall contain all information necessary for such officer to ascertain whether the proposed erection, alteration, use, or change in use complies with the provisions of this chapter. All permits issued shall be valid for a specific time period of not more than six months, but may be renewed for a total time period not to exceed two years.
B.
Issuance of permits. Provided that the application for a permit has been correctly completed by an applicant; and provided, further, any fee established by the Borough has been paid for the permit, the permit shall be granted or refused within 30 days after the date of submission of the application therefor. In case of refusal, the applicant shall be informed of his right of appeal to the Zoning Hearing Board. Upon completion of the erection or alteration of any building or portion thereof authorized by any permit, and prior to occupancy or use, the holder of such permit shall notify the Zoning Officer of such completion. No permit shall be considered complete or permanently effective until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with the permit and the provisions of this chapter and other applicable ordinances and a use and occupancy permit has been issued. All applications with accompanying plans and documents shall be public record.
[Amended 2-16-1999 by Ord. No. 184]
C.
Temporary permits. A temporary permit may be authorized by the Zoning Officer for a proposed nonconforming structure or use which it deems beneficial to the public health or general welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Borough. Such permit shall be issued for a specified period of time not exceeding six months, and may be renewed for an aggregate period of not more than two years.
D.
Payment. All application fees must be paid to the Borough Secretary at the time the permit is issued by the Borough.
E.
The applicant shall pay all costs incurred by the Borough in reviewing the application. This obligation is not limited to the amounts paid as application or service fee schedule.[1]
[1]
Editor's Note: Original Sec. 14.4, Conditional Use Procedures, which immediately followed this subsection, was repealed 2-16-1999 by Ord. No. 184.
§ 430-110 Conditional use procedures.
[Added 4-19-2005 by Ord. No. 209]
A.
Requirements. The following provisions shall apply to conditional use applications, in addition to the provisions of the district in which the proposed use is located and any other applicable Borough regulations.
B.
Application. The application for a conditional use permit shall include a proposed plan indicating the size and location of the proposed use, the location of all proposed buildings and facilities, and the location of all existing buildings and structures on adjacent properties which are both within the Borough and within 500 feet of the tract boundary. Application for a conditional use permit shall be filed with the Borough Secretary with accompanying forms, text and fees.
C.
Notice to landowners. Applicant shall give written notice of the conditional use application to the record owner of each parcel of land which is adjacent to the tract, or any part thereof, by certified mail, return receipt requested, at least 10 days prior to the date of the first hearing. Ownership of each parcel of land, and the notice address of such owner, shall be determined based on tax assessment office records as of the date the conditional use application is filed.
D.
Procedure for review.
(1)
The Borough Planning Commission or Council Planning Committee shall review each conditional use application pursuant to the criteria under § 430-110E and submit its recommendations to Borough Council.
(2)
After review by the Planning Commission or Council Planning Committee, Borough Council shall hold a public hearing pursuant to public notice, as required by the MPC.
(3)
Following the public hearing, Borough Council shall render a decision as required by the MPC.
E.
Criteria. The following criteria shall be used as a guide in evaluating a proposed conditional use. The burden of proof in establishing that all criteria have been met shall at all times rest upon the applicant.
(1)
The size, scope character and design of the proposed use shall be consistent with the spirit, purpose and intent of this chapter.
(2)
The proposed use shall be compatible with the character and type of development in the area surrounding the tract and will not injure or detract from the use of surrounding properties or from the character of the neighborhood.
(3)
The proposed use shall not adversely affect surrounding building and property values and shall be designed in compliance with all applicable regulations and according to good engineering design principles.
(4)
The proposed use shall not affect adversely the aesthetic setting of buildings or districts of historical or architectural significance or result in their destruction.
F.
Safeguards. In granting a conditional use, Borough Council may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter, the Borough Comprehensive Plan and the MPC.
§ 430-111 Power of amendment.
[Amended 2-16-1999 by Ord. No. 184]
This chapter and the Zoning Map may be amended, supplemented, changed, altered, modified or repealed either in whole or in part by the Borough Council in accordance with the provisions of the Pennsylvania Municipalities Planning Code, i.e., the Act of July 31, 1968, P.L. 805, No. 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 430-112 Curative amendments.
[Amended 2-16-1999 by Ord. No. 184]
A landowner who desires to challenge, on substantive grounds, the validity of this chapter or the Zoning Map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Borough Council, with a written request that his challenge and the proposed amendment be heard and decided in accordance with the provisions of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 430-113 Municipal liability.
The granting of any permit under this chapter by the Borough Zoning Officer or the use of land or structures shall not constitute a guarantee or warranty of any kind by the Borough or any of its officials or employees as to any manner of injury resulting from such use, erection, alteration or extension, and shall create no liability upon, or a cause of action against, such public body, officials or employees for any damages or injury that may result.
§ 430-114 Fees.
[Added 2-16-1999 by Ord. No. 184]
A.
Fees for applications to the Zoning Hearing Board of any nature, or any permit authorized or required under this chapter shall be paid for in advance and in accordance with a Schedule of Fees adopted by a resolution of the Borough Council, as may be amended from time to time.