Birmingham Township
City Zoning Code

Examine all applications for permits to build upon or use land.

Issue permits only for construction and uses which are in accordance with this chapter and as it may be subsequently amended.

Record and file all applications for permits and accompanying plans and documents and to keep them for public record.

Issue permits for uses, authorized variances or special exceptions after approval by the Zoning Hearing Board or directed by a competent court in accordance with this chapter.

Report all violations of the chapter to the Board of Supervisors and to issue orders to cease and desist to all the violators.

Upon the request of the Planning Commission or the Zoning Hearing Board, present to such body facts, records and any similar information on specific requests to assist such body in reaching its decision.

The name of the owner of record and any other person against whom the Township intends to take action.

The location of the property in violation.

The specific violation with a description of requirements which have not been met, citing in each instance the applicable provisions of this chapter.

The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days in accordance with the provisions of this chapter.

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.

In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.

Any filing fee paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Township if the Zoning Hearing Board, or any court in a subsequent appeal, rules in favor of the appealing party.

Changing of only the advertising message.

Regular maintenance of the sign, including electrical, repainting or cleaning of the sign.

The repair of a sign.

Use or occupancy of any building or other structure hereinafter erected, altered or enlarged for which a building permit is required.

Change in use of any building or structure.

Use of land or change in the use thereof, except that the use of land for woodland, game preserve, conservation use or agricultural or nursery purposes shall not require a use or occupancy permit.

Change in use or extension of a nonconforming use.

Residential lots.

Commercial or eleemosynary-institutional lots. Prior to the erection of a temporary tent or display area for retail goods on property in the commercial or Eleemosynary-Institutional Zoning Districts, the property owner or lessee of the property shall submit an application for a tent permit to the Township Zoning Officer and the necessary filing fee as determined by the Board of Supervisors. The application shall contain the information identified in Subsection D(1) above, as well as any other information that the Zoning Officer deems pertinent for issuance of a tent permit. The Zoning Officer shall review such application and provide a tent permit authorizing the property owner or lessee to erect such tent on a temporary basis not to exceed seven consecutive days or 30 nonconsecutive days in a calendar year, provided that the temporary tent is not located within the front yard and is located at least 10 feet from any side or rear lot line. When issuing the tent permit, the Zoning Officer shall be authorized to impose reasonable and necessary conditions relating to the location and erection of the temporary tent.

No use and occupancy permit shall be issued until the Zoning Officer has certified that the proposed use complies with all of the provisions of this chapter, as well as any other governing ordinances. The Zoning Officer shall either issue or refuse to issue a use and occupancy permit within 30 days of the filing of a completed application and payment of prescribed fees as determined by resolution of the Board of Supervisors.

A use and occupancy permit for which application has been made prior to or concurrently with an application for a building permit shall not be issued until completion of the construction work authorized by the building permit. Upon notification by the applicant that the construction work has been completed, the Zoning Officer shall either issue or deny such use and occupancy permit within 30 days, as aforesaid.

Pending completion of a building or of alterations thereto, a temporary use and occupancy permit may be issued by the Zoning Officer for a temporary occupancy of a part or all of a building, provided that such temporary occupancy would not tend to jeopardize life or property.

It shall be the duty of the applicant for a building permit to secure the issuance of the required use and occupancy permit by giving notice of completion as aforesaid, notwithstanding the fact that the applicant may be constructing the building, structure, addition or alteration for the use of another, and further to notify such proposed occupant of the requirement of this section prior to transfer of ownership or commencement of leasehold of the property.

A conditional use application shall be filed with the Township Secretary on such forms as may be prescribed by the Board of Supervisors, accompanied by the required fee. Prior to the public hearing which is held on the conditional use application, the applicant shall send a copy of the public notice which the Township prepares for advertisement of the public hearing, as well as a map identifying the location of the property which is the subject of the application, to the last known address of all property owners within a five-hundred-foot radius of the property, regardless of whether a roadway or Township boundary intersects such radius. The public notice and map shall be sent by regular mail and certified mail, return receipt requested, and mailed a minimum of two weeks before the first scheduled public hearing on the application. At the hearing, the applicant shall provide a copy of each notification and map that were sent and the certified mail green cards, if available. The hearing shall not proceed unless the applicant provides such evidence of mailing.

The Board of Supervisors shall provide notice of the public hearing in accordance with the requirements of the Pennsylvania Municipalities Planning Code.[1] The Board of Supervisors shall schedule and hold a public hearing on the application within 60 days from receipt of the applicant’s application unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant’s case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Township, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of hearings for rebuttal.

At least 30 days prior to the date of the conditional use hearing, the Township shall forward a copy of the application and any supporting material to the Birmingham Township Planning Commission with a request that such Commission review the application and submit recommendations and comments regarding the proposed conditional use. The Township may, at its discretion, forward a copy of the application to other consulting agencies that the Board of Supervisors deems appropriate with a request that such agency review the application and submit recommendations and comments regarding the proposed conditional use.

The Supervisors shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Supervisors. The date for the Supervisors' decision may be extended by the applicant either on the record or in writing addressed to the Supervisors. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based upon this § 122-119, the Pennsylvania Municipalities Planning Code[2] or any rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. A copy of the decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.

If, after the conclusion of the public hearings, the application is amended or revised, the Board shall hold one or more public hearings thereon as may be necessary and shall issue a new decision thereon in conformance with the procedure established in this section. In the event the Board fails to render the decision within the period required by this section, or fails to commence, conduct or complete the required hearings as provided in § 122-119B(2), the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this section. If the Board shall fail to provide such notice, the applicant may do so.

The proposed use shall meet all of the specific standards and regulations for eligibility which appear in the section of this chapter authorizing the proposed conditional use.

The standards set forth in Article XXI for review of special exception applications shall be met.

In the event of a written disapproval of an application for a certificate of appropriateness by the Board of Supervisors, the Zoning Officer shall disapprove the application for a building permit and so advise the applicant.

Upon issuance of a certificate of appropriateness, the Zoning Officer shall review the progress and status of the proposed changes and render such reports thereon to the Board of Supervisors and the Board of Historical Architectural Review as may be necessary to assure compliance with the provisions of this section and the conditions of the certificate of appropriateness.

The Zoning Officer shall have the power to institute any proceedings at law or in equity necessary for the enforcement of provisions relating to protection of Historic Districts contained in this chapter and in Chapter 61, Historic Districts, in the same manner as in enforcement of this chapter as a whole and as authorized by the Municipalities Planning Code.[1]