Blawnox City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 550-901 Zoning Officer.
A.
Appointment and qualifications. The Zoning Officer shall be appointed by Borough Council and shall administer and enforce this chapter. The Zoning Officer may also hold the office of Building Inspector, as provided under Borough Ordinance 301. The Zoning Officer's qualifications and terms of office shall coincide with those of the Building Inspector's. These appointments may be a contracted service. The Zoning Officer shall be directly responsible to the Borough Manager.
B.
Duties of the Zoning Officer. In order to properly administer and enforce this chapter, the Zoning Officer shall:
(1)
Receive and review all applications for zoning permits and maintain records thereof.
(2)
Issue zoning permits for construction and occupancy for all applications that comply with the literal terms of this chapter and other applicable ordinances.
(3)
Record and file all applications for zoning permits, with all accompanying plans and documents, at the office of the Borough Secretary.
(4)
Make reports relative to any application, as Borough Council directs.
(5)
Receive, file and forward to Borough Council all applications for conditional uses and planned residential developments, maintain records thereof, and issue a zoning permit when authorized by this chapter.
(6)
Receive, file and forward to the Zoning Hearing Board the records in all appeals, and all applications for special exception uses, variances and changes of nonconforming uses; maintain records thereof; and issue a zoning permit when authorized by this chapter.
(7)
Inspect buildings, structures, and uses of land to determine compliance with the provisions of this chapter.
(8)
Issue stop, cease, and desist orders and issue written correction orders for any condition found to be in violation of this chapter and other applicable ordinances by direction of the Borough Manager. Such written order shall be delivered personally or by certified mail to the zoning permit applicant and shall state the time period given to correct the violation.
(9)
Institute, with the approval of the Borough, appropriate legal action to prevent, restrain, abate, or correct any violation of this chapter.
(10)
Revoke any order or zoning permit issued under a mistake of fact or contrary to the provisions of this chapter.
(11)
Make and maintain accurate and current records of all legal nonconformities under this chapter.
§ 550-902 Required zoning permits.
A.
General.
(1)
No use of land shall be made, or any building or structure constructed, altered, remodeled, occupied or used, nor any existing use of a building, structure of land be changed until a zoning use and occupancy permit, or zoning permit, shall have been issued by the Zoning Officer.
(2)
The improvements of land preliminary to any use of such land shall not be commenced prior to the issuance of the zoning use permit.
(3)
Any permit issued in conflict with the provisions of this chapter shall be null and void.
B.
Permit application and issuance procedure.
(1)
Whenever the proposed activity, whether new construction or alteration of an existing use requires a building permit (under the Pennsylvania Uniform Construction Code), the application for the zoning permit shall be made prior to or simultaneously with the application for the building permit. However, the building permit shall not be issued until the zoning permit application has been approved.
(2)
When no building permit is required, the application for the zoning use and occupancy permit may be made at any time prior to the use or occupancy of the structure or land.
(3)
Permit applications shall be submitted in writing on such forms or in such format as established by the Borough. The Zoning Officer may request any information necessary to determine the application's compliance with this chapter.
(4)
The Zoning Officer shall not issue the zoning use permit until all other required approvals and permits have been obtained from applicable Borough, county, state, and federal agencies. The applicant shall submit copies of such approvals/permits to the Zoning Officer.
(5)
An application for a zoning use permit does not permit occupancy; an occupancy permit is also required.
(6)
Upon completion of the applied-for work, the applicant shall notify the Zoning Officer who shall examine the building, structure or use of land involved within 10 days of the completion of work and notification. If the Zoning Officer shall find that such construction, erection, structural alteration, or use of building and land has been completed in accordance with the provisions of this chapter and other applicable ordinances, a zoning occupancy permit shall be issued.
C.
Period of validity. A zoning permit shall become null and void within six months of the date of issuance unless the construction, altering, or remodeling of a structure is commenced; or a use of land or building is commenced.
D.
Temporary zoning use and occupancy permits. The Zoning Officer may issue a temporary zoning occupancy permit which may allow the use or occupancy of a building or structure during structural alteration thereof or may permit the partial use or occupancy of a building or structure during its construction or erection; provided, however, that such a temporary permit shall be valid only for a period not exceeding six months from its issuance, and shall be subject to such restrictions and provisions as may be deemed necessary by the Zoning Officer to ensure the safety of persons using or occupying the building, structure or land involved.
§ 550-903 Schedule of fees.
Borough Council shall establish, from time to time, fees and charges for all permits and applications required by this chapter. This schedule, along with an explanation of the collection procedure, shall be posted in the offices of the Borough Manager. All fees and charges shall be adopted by resolution of Borough Council at any regular or special meeting.
§ 550-904 Zoning Hearing Board.
A.
Membership of the Board. The membership of the Board shall be three residents of the Borough appointed by Borough Council. Their terms of office shall be three years and so fixed that the term of office on one member shall expire each year. The Board shall promptly notify Borough Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Borough.
B.
Removal of members. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or just cause by a majority vote of Borough Council, taken after the member has received 15 days' advance notice of the intent to take such a vote. A public hearing shall be held prior to the vote if the member shall request it in writing.
C.
Organization of the Board. The Board shall elect its officers from its own membership, who shall serve annual terms and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be a majority of all the members of the Board. The Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and parties may waive further action by the Board as provided below. The Board may make, alter, and rescind rules and forms for its procedure consistent with the ordinances of the Borough and laws of the commonwealth. The Board shall keep full public records of its business and submit an annual report of its activities to Borough Council.
D.
Expenditures for services. Within the limits of funds appropriated by Borough Council, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services.
E.
Hearings.
(1)
Notice of hearings shall be given at least once per week for two successive weeks, the first publication not more than 30 days prior to hearing and the second publication not less than seven days before the date of the hearing in a newspaper of general circulation. A notice shall be mailed to all interested parties, including the applicant, the Borough Manager, every person, or organization who shall have registered with the Board for the purpose of receiving such notices. In addition, notice shall be conspicuously posted on the affected tract of land.
(2)
Hearings shall be conducted by the 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 parties may waive the decision or finding by the Board and accept the decision or findings of the hearing officer as final.
(3)
Parties to the hearing shall be the municipality, any person who is 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. The Board shall have the 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.
(4)
The Chairman or Acting Chairman of the Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and documents requested by the parties.
(5)
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.
(6)
All evidence shall be evaluated and reviewed upon submission.
(7)
The Board, or the hearing officer, shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
(8)
The Board or the hearing officer shall: 1) not communicate directly or indirectly with any party or his/her representatives in connection with any issue involved except upon notice and opportunity for all parties to participate; 2) not take any notice of any communication, reports, staff memoranda or other materials unless the parties are afforded an opportunity to contest the material so noticed; and 3) not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
(9)
The Board or the hearing officer shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. A decision by the Board shall require the majority of any quorum voting on the case. In the event that there is a tie, the case shall be deemed denied.
(10)
Where the application is contested or denied, each decision shall be accompanied by findings of fact. Conclusions based on any provisions of this chapter or of any act, rule, or regulation shall contain a reference to this code for support or denial of hearing.
(11)
If the hearing is conducted by a hearing officer, and no stipulation has been made that the officer's decision or findings are final, the Board shall make reports and recommendations available to the parties and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 45 days after the decision of the hearing officer.
(12)
Where the Board has power to render a decision and the Board or the hearing officer fails to render the same within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing, to an extension of time. Nothing in this subsection shall prejudice the right of any party opposing the application to urge that such decisions is erroneous.
(13)
A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all persons who filed their names and address with the Board not later than the last day of the hearing, the Board shall provide by mail or otherwise, notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
F.
Functions of the Board.
(1)
Appeals from the Zoning Officer. The Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of the valid ordinance or map or any valid rule or regulation governing the action of the Zoning Officer, or a variance for special exceptions from strict application of this chapter.
(2)
Challenges to validity of the ordinance or map. The Board shall hear challenges to the validity of the Zoning Ordinance or Map, with two exceptions:
(a)
Questions of an alleged defect in the process of enactment or adoption of the Ordinance or Map shall be raised by an appeal taken directly to the court.
(b)
Where a landowner, on substantive grounds, submits a challenge on the validity of the ordinance or map or any provisions thereof which restricts or prohibits the use or development of the owner's land, accompanied with a request for a curative amendment; the challenge shall go directly to Borough Council. In all challenges, the Zoning Hearing Board shall take evidence and shall make a record thereon. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact, which shall become part of the record on appeal to court.
(3)
Variances. The Board shall hear requests for variances where it is alleged that the strict application of the provisions of the Zoning Ordinance inflicts unnecessary hardship upon the applicant. Application for a variance shall be made on the prescribed form obtained from the Zoning Officer. The Zoning Officer shall forward the application to the Board, which shall determine a time and place of the hearing.
(a)
Applicability. Variances from the regulations of this chapter shall be granted by the Board only in accordance with the standards described here in and may be granted only in the following instances:
[1]
The Board may grant a variance, provided the following findings are made where relevant in a given case:
[a]
That 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 the Zoning Ordinance in the neighborhood or district in which the property is located.
[b]
That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity which the provisions of the Zoning Ordinance; and the authorization of a variance is therefore necessary to enable the reasonable use of the property.
[c]
That such unnecessary hardship had not been created by the appellant.
[d]
That 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]
That the variance, if authorized, will represent the minimum variance which will afford relief and represent the least modification possible of the regulation in issue.
(b)
Procedure.
[1]
The Property and Planning Committee must review and comment on any variance application, which shall be made part of the public record. The Board may attach to any variance such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Zoning Ordinance.
[2]
The Board shall render a written decision on an application for a variance without unreasonable delay after the close of a hearing, but in all cases, within 45 days from the close of the hearing. The Zoning Officer shall maintain complete records of all actions of the Board with respect to applications for variances.
(c)
Expiration. Unless otherwise specified by the Zoning Hearing Board or the Planning Code, a variance approved by the Board shall expire if the applicant fails to obtain a zoning permit within six months of the date of the authorization of the variance or fails to complete more than 100% of the work within one year from the date of issuance of the zoning permit.
(4)
Special exceptions. Where this chapter states that special expectations may be granted or denied by the Board, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria as specified in this chapter. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter.
(5)
Changes of nonconforming uses. In accordance with Article VII of this chapter, the Zoning Hearing Board shall hear requests for a change of one nonconforming use to another nonconforming use. Before approving an application, the Board shall determine that:
(a)
The proposed use is within the same type of use category as the original nonconforming use, i.e., one personal service business to another.
(b)
The proposed use will not be any more objectionable than the original nonconforming use in terms of traffic generation and requirements for offstreet parking and loading; outdoor storage of wastes, materials, supplies and equipment; height, area, and volume of all structures.
G.
Parties appellant before the Board. Appeals under § 550-904F(1) and proceedings to challenge an ordinance under § 550-904F(2) above may be filed with the Board, in writing, by any officer or agency of the Borough or any person aggrieved. Requests for a variance under § 550-904F(3) and for a special exception under § 550-904F(4) may be filed with the Board by any landowner or any tenant with the permission of such landowner.
H.
Time limitations.
(1)
No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate municipal officer, agency or body, if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.
(2)
The failure of anyone, other than the landowner, to appeal from an adverse decision on a tentative approval of a planned residential development application or from an adverse decision by a Zoning Officer on a challenge to the validity of an ordinance or map, shall preclude an appeal from a final approval, except in the case where the final submission substantially deviates from the approved tentative or preliminary approval.
I.
Stay of proceedings.
(1)
Upon filing of any proceeding referred to in this section and during its pendancy before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or any agency or body and all official action thereunder shall be stayed, unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property. In this case, the development or official action shall not be stayed otherwise than by a restraining order which may be granted by the Board or the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body.
(2)
When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the Allegheny County Court of Common Pleas to order such persons to post bond as a condition to continuing the proceedings before the Board. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous and is for the purpose of delay. At the hearing, evidence may be presented on the merits of the case. After consideration of all evidence presented, if the court determines that the appeal is frivolous and is for the purpose of delay, it shall grant the petition. The right to petition the court to order the appellants to post bond may be waived by the appellee but such waiver may be revoked by him if an appeal is taken from a final decision of the court. The question whether or not such petition should be granted, and the amount of the bond shall be within the sound discretion of the court.
§ 550-905 Zoning appeals.
A.
Zoning appeals to court shall be taken to the Court of Common Pleas of Allegheny County. Appeals to court shall include:
§ 550-906 The Property and Planning Committee.
The Property and Planning Committee shall be appointed by Borough Council as prescribed by the Pennsylvania Municipalities Planning Code[1] and Borough Ordinance No. 405.[2]
Under the terms of the Zoning Ordinance, the Property and Planning Committee shall perform the following duties:
A.
Prepare an annual report to Borough Council outlining any substantive or administrative problems that have been identified in the ordinance along with recommended changes to correct the problems; and any recommended changes in the ordinance to reflect changes in development conditions, land uses, population, public services and facilities or similar conditions.
B.
Prepare and make recommendations to Borough Council on proposed amendments to the Zoning Ordinance and Map.
C.
Review and make recommendations to Borough Council on conditional use applications.
D.
Review and make recommendations to Borough Council on applications for planned residential developments.
E.
Review and make recommendations to the Zoning Hearing Board on applications for variances or special exceptions.
F.
Provide technical and consultative assistance to other Borough boards, commissions, and officials in exercise of their duties relating to this chapter.
G.
Maintain accurate and current records of all actions taken in relation to the provisions of the Zoning Ordinance.
§ 550-907 Amendments to the Zoning Ordinance or Map.
A.
Procedure. The following procedures shall apply:
(1)
Borough Council shall hold a public hearing on any proposed amendment to the Ordinance or Map.
(2)
Notice of the hearing shall be published once each week for two consecutive weeks in a newspaper of general circulation; the first publication shall not be more than 30 days or less than 14 days prior to the hearing date. The notice shall include full text of the amendment or a brief summary and a reference to a place in the Borough where a copy of the proposed amendment may be examined.
(3)
In the case of an amendment other than that prepared by the Property and Planning Committee, Council shall submit each such amendment to the Commission at least 30 days prior to the hearing on such proposed amendment to provide the Commission an opportunity to submit recommendations. In addition, at least 30 days prior to the hearing on the amendment, the Borough shall submit it to the Allegheny County Planning Commission for its review and recommendations.
(4)
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 governing body shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
(5)
A vote on any proposed amendment shall take place at a regular or special meeting of Borough Council, following the public hearing or hearings.
B.
Curative amendments by landowners.
(1)
A landowner who desires to challenge, on substantive grounds, the validity of this chapter or map (or any provision thereof) which restricts or prohibits the use or development of land in which he/she has an interest, may submit a curative amendment to Borough Council with a written request that the challenge and proposed amendment be heard and decided, as provided by the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
Borough Council shall commence a hearing within 60 days of the request. Procedures for reviewing and conducting hearings on the curative amendment shall follow Section 1004 of the Planning Code.
C.
Municipal curative amendments.
(1)
A municipality, by formal action, may declare its Zoning Ordinance or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal the governing body of the municipality shall:
(a)
By resolution make specific findings setting forth the declared invalidity of the Zoning Ordinance which may include: 1) references to specific uses which are either not permitted or not permitted in sufficient quantity; 2) reference to a class of use or uses which require revision; or 3) reference to the entire ordinance which requires revisions.
(b)
Begin to prepare and consider a curative amendment to the Zoning Ordinance to correct the declared invalidity.
(2)
Within 180 days from the date of the declaration and proposal, the municipality shall enact a curative amendment to, or reaffirm the validity of, its Zoning Ordinance pursuant to the provisions of Subsection A to cure the declared invalidity of the Zoning Ordinance.
(3)
Upon the initiation of the procedures, as set forth in Subsection C(1) above, Borough Council body shall not be required to entertain or consider any landowner's curative amendment nor shall the Zoning Hearing Board be required to give a report on a challenge to the validity of the Ordinance, subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by Subsection C(1)(a) above. Upon completion of the procedures as set forth in Subsection C(1) and (2), no rights to a cure pursuant to the provisions of Subsection B shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which there has been a curative amendment pursuant to this section.
(4)
The Borough may not again utilize the above procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of its Zoning Ordinance, pursuant to Subsection C(2). However, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the municipality by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the municipality may utilize the provisions of this section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.
§ 550-908 Enforcement remedies.
In case any building, structure, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained, or used in violation of their ordinance; the Zoning Officer, with the approval of the Borough, may institute in the name of the Borough any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or use of land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. These remedies shall be in addition to any other remedies provided by law.
§ 550-909 Enforcement penalties.
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 of Blawnox, pay a judgment of not more than $500, plus all court costs, including reasonable attorneys' fees incurred by the Borough of Blawnox 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 Borough of Blawnox 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 determining that there has been a violation further determines that there was a good faith basis for the person, partnership or appropriation violating this chapter 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 attorneys' fees collected for the violation of this chapter shall be paid over to the Borough of Blawnox.
§ 550-910 When effective.
This chapter shall become effective upon adoption by Blawnox Borough Council.