Braddock Hills City Zoning Code
PART 5
ADMINISTRATION AND ENFORCEMENT
§ 27-501 Zoning Officer.
[Ord. 2-1991, 7/12/1991]
1.
The Zoning Officer, who shall be appointed in accordance with law, shall:
A.
Administer and enforce the provisions of 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.
B.
Issue zoning permits and zoning occupancy permits.
C.
Maintain a permanent file with all zoning permits, occupancy permits, and applications as public records.
D.
The Zoning Officer shall identify and register all nonconforming uses and structures as required by law. A zoning occupancy permit stating the cause of the non-conformity shall then be issued to the owner of said use or structure.
§ 27-502 Zoning Permit.
[Ord. 2-1991, 7/12/1991; as amended by Ord. 3-2013, 8/22/2013]
A zoning permit shall be obtained pursuant to the provisions in Part 3 before any person may:
1.
Change the use of a structure or land to a different use.
2.
Construct, reconstruct, move, alter, or enlarge any structure or building.
3.
Change a nonconforming use or structure.
A.
A zoning permit shall not be issued to change a nonconforming use or structure without review and approval by the Zoning Hearing Board.
4.
Applications for a zoning permit shall be accompanied by a site plan showing clearly and completely the location, dimensions, and nature of any structure involved, and such other information as the Zoning Officer may require for administration of this Chapter, together with the filing fee in accordance with the schedule annually affixed by resolution of the Council.
5.
Zoning permits shall become null and void one year from date of issue. Prior to continuance of the activity or charge for which the original permit was issued, a new zoning permit must be obtained. The zoning permit may be renewed by the Zoning Officer if there has been no change in applicable zoning regulations, and if such renewal is requested within one month of the date of expiration of said zoning permit. If applicable zoning regulations have been changed, the full review and approval procedure required by this Chapter shall apply. Any zoning permit issued by authorization of the Zoning Hearing Board shall not be renewed except by authority of the Zoning Hearing Board.
6.
Within 60 days after the receipt of an application, the Zoning officer shall either approve or disapprove the application or submit the application to appropriate review agencies in conformance with the provisions of this Chapter. All zoning permits shall be conditional upon the commencement of work within one year and substantial completion within 2 1/2 years.
7.
The Zoning Officer shall inspect the site during construction to determine whether work is in compliance with the approved zoning permit, and he may require certification by a qualified engineer or surveyor that all structures are being built to the required elevations and to other standards set forth by the zoning permit.
8.
If the Zoning Officer finds that work does not comply with the applicable standards, or that there has been a misrepresentation by any applicant, the Zoning Officer shall revoke the zoning permit.
9.
Enforcement Notice.
A.
If it appears that a violation of the zoning ordinance enacted under this act or prior enabling laws has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
B.
The enforcement notice shall be sent to the owner of record of the parcel 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.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom the Borough intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the ordinance.
(4)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the zoning hearing board within a prescribed period of time in accordance with procedures set forth in the ordinance.
(6)
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.
D.
In any appeal of an enforcement notice to the zoning hearing board the Borough shall have the responsibility of presenting its evidence first.
E.
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 Borough if the zoning hearing board, or any court in a subsequent appeal, rules in the appealing party's favor.
§ 27-503 Zoning Occupancy Permits.
[Ord. 2-1991, 7/12/1991]
Prior to occupancy of land or structure or to the change of tenants, ownership, or occupants of any structure, land or premises, or any portion thereof, a zoning occupancy permit shall be obtained stating the premises is in full compliance with this Chapter. A zoning occupancy permit shall be revocable where the Zoning Officer determines that the occupant is not complying with every condition required by the issuance of said permit.
§ 27-504 Enforcement Remedies.
[Ord. 2-1991, 7/12/1991]
Any person, partnership, or corporation who or which shall violate the provisions of this Chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgement of not more than $500 plus all court costs, including reasonable attorneys fees incurred by the Borough. Each day that a violation is continued shall constitute a separate offense. In case any building, structure or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Chapter, Council may, in addition to other remedies, institute in the name of the Borough any appropriate action or proceeding 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.
§ 27-505 Procedures for Conditional Uses.
[Ord. 2-1991, 7/12/1991; as amended by Ord. 3-2013, 8/22/2013]
Applications shall be filed with the Zoning Officer and shall be accompanied by an application fee in an amount equal to that set by resolution of Council, and five copies of a site plan prepared in accordance with § 27-306.
1.
Review. The Zoning Officer shall forward copies of the application to Council and to the Planning Commission for review and approval.
2.
The Planning Commission shall forward its recommendation within 30 days unless the petitioner agrees in writing to a time extension. Failure to act within the allotted time shall be deemed to be a favorable recommendation.
3.
Council shall hold a public hearing within 60 days of the filing of an application for a development plan; the hearing shall be conducted in accordance with Section 908(1.2) of the Municipalities Planning Code. Council shall render their decision within 45 days of the conclusion of the hearing.
4.
Council may attach such conditions as they deem necessary to the approval of any development plan. All development, construction and use shall be in accordance with the approved plan, unless a revised plan is submitted, approved, and recorded. Any development contrary to the approved plan shall constitute a violation of this Chapter.
§ 27-506 Procedures for Planned Developments.
[Ord. 2-1991, 7/12/1991]
1.
Planned residential developments shall require submission, review and approval of a preliminary application and of a final application in accordance with the following procedures and requirements:
A.
Prior to submission of a preliminary application, the developer is encouraged to present a schematic plan of the proposed development to the Planning Commission to allow early input by the Commission, and thereby expedite the subsequent review process.
B.
The preliminary application shall include a location map, site map, proposed development plan, and engineering report. The plan shall be prepared by a registered engineer or architect. The application shall be submitted to the Zoning Officer with not less than 20 copies, and shall be accompanied by a fee as established by Council.
C.
A location map which clearly shows the location, area and zoning of the tract proposed for development with relation to the area and zoning of adjacent properties and the location and relative distance to existing related streets.
D.
A site map which shall cover the entire tract and all lands within 100 feet of its boundaries and shall clearly and accurately show the following data:
(1)
The proposed development shall comprise such maps, at a scale no smaller than one inch equals 100 feet, and text needed to clearly show the following:
(a)
The name of the proposed development and names and addresses of the developer and the persons who prepared the plan.
(b)
The proposed street pattern, including the names, paving widths, and rights-of-way of all streets, and the widths and locations of easements.
(c)
The layout of lots or parcels, where appropriate, including dimensions, number, and building lines.
(d)
The location, use, height, bulk, and number of families to be housed for every structure proposed.
(e)
The location of all off-street parking spaces and the total number of spaces to be provided.
(f)
The location, size, and kind of improvements proposed for all common open space, together with proposed ownership and maintenance arrangements for such open space.
(g)
The location and design for all landscaping and screening proposed showing the height and type of screening.
(h)
The location and width of walks, sidewalks and trails, and the use of trails where they are not limited to pedestrian use.
(i)
The substance of covenants, grants, easements, or other restrictions proposed.
(j)
The extent to which the proposed development plan varies from land use and other regulations otherwise applicable to the subject property.
(k)
A schedule, where development is to be phased over a period of years, showing proposed times for the filing of applications for final approval for each phase of the proposed development plan.
(l)
A statement of public interest submitted in writing by the developer setting forth the reasons why the proposed development plan is in the public interest and is consistent with the comprehensive plan and any other plans, laws or ordinances that may be approved by the Borough.
E.
The engineering report shall be prepared by a registered engineer and shall include the following data wherever pertinent:
(1)
Profiles, cross-sections and specifications for proposed street improvements.
(2)
Profiles and other explanatory data concerning installation of water distribution systems, storm water management plan, and sanitary sewers.
(3)
A report on the feasibility of connection to existing sewerage system, including distances to the nearest public sewer, service load of the subdivision and the capacity of the treatment plant.
(4)
A traffic impact statement prepared by a registered traffic engineer which shows in specificity the amount of traffic which will be generated by the proposed development and the feasibility of accommodating such traffic on adjacent streets.
F.
The Zoning Officer shall forward one copy of the preliminary application to the Planning Commission, the Borough Engineer, the Health Department, and the County Planning Commission. Council shall not approve the preliminary application until reports from each of these agencies have been received, or until the expiration of 30 days from the date the copies of the application for development were forwarded to said agencies.
G.
Council shall hold a public hearing pursuant to required public notice within 60 days of the filing of such preliminary application. Council may continue such hearing, or refer the application back to the Planning Commission, but shall complete the hearing within 60 days of the initial hearing. Council shall render its decision and provide official written communication of its decision to the developer not later than 60 days after the conclusion of the public hearing.
H.
Council shall give tentative approval to a proposed development plan if, and only if, it is found to meet the criteria set forth in Part 4.
I.
The grant or denial of tentative approval shall include findings of fact related to the proposed development plan as submitted for approval, and the reasons for the decision shall be set forth with particularity in what respect the proposed development plan would or would not be in the public interest including, but not limited to, each of the cited criteria.
J.
In the event a development plan is granted tentative approval, with or without conditions, Council may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed.
K.
The decision of Council shall be in writing and shall be given to the developer personally, or mailed to him at his last known address, not later than five working days following the decision.
L.
Failure of Council to render a decision and to communicate it to the applicant in the time and in the manner required, shall be deemed an approval of the application and terms as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation or of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation and communication shall have like effect.
N.
If the developer chooses to reject any conditions attached to the grant of tentative approval and so notifies Council within 30 days of the date he receives the official written communication, it shall be deemed that the application for tentative approval was denied.
O.
The grant of tentative approval may be revoked by Council if they are notified by the developer of his intention to abandon the proposed development plan. The grant of tentative approval shall be deemed to be revoked if the developer does not submit an application for final approval within the time limits required by this Part.
P.
Application for final approval of each phase shall be filed with the Zoning Officer not later than 12 months following the grant of tentative approval, unless otherwise specified by Council. The application shall comprise one reproducible copy and six prints of the development plan for the phase, including a site plan and supplementary data, and a certificate of completion of improvements or a guarantee of improvements as required by this Chapter.
Q.
Recording. Upon the approval of a final plat, the developer shall within 30 days of such final approval record such plat in the office of the Recorder of Deeds of Allegheny County.
§ 27-507 Guarantee of Improvements.
[Ord. 2-1991, 7/12/1991]
1.
No development plan shall be finally approved unless all improvements required by this Chapter have been installed in strict accordance with this Chapter or a guarantee that the improvements will subsequently be installed by the owner, in the form of a bond, letter of credit or of deposit of funds or an escrow agreement approved by the Borough Solicitor as to form and content, which are acceptable to the Council and are in an amount equal to 110% of the estimated cost of all required improvements. The guarantee shall also ensure completion of amenities which include but are not limited to the installation of trees, shrubbery, and other plant materials, installation of sidewalks, fences or other landscape materials, the provision of driveways, pathways or other related remedy to circulation, and the demolition and removal of any structure or nonconforming signs as required by this Chapter or which the developer has agreed, as a condition of approval, to provide and install. Such bond or other security shall provide for, and secure to the public, the completion of all declared improvements within a period of three years from the date of final approval of the plat.
2.
The Council shall promptly release the developer from the improvement bond if, and only if, the Zoning Officer certifies in writing that all improvements have been completed in accordance with all agreements set forth as a condition of the required zoning approval.
§ 27-508 Amendments.
[Ord. 2-1991, 7/12/1991]
1.
The Council may amend this Chapter as proposed by a member of Council, by the Planning Commission, or by a petition of a person residing or owning property within the Borough in accordance with the following provisions:
A.
Petitions for amendment shall be filed with the Planning Commission, and the petitioner, upon such filing, shall pay an advertising deposit and a filing fee in accordance with a schedule affixed by resolution. The Planning Commission shall review the proposed amendment, and report its findings and recommendations in writing to the Council and to the petitioner. The proposed amendment shall be introduced before the Council only if a member of the Council elects to do so. If an amendment proposed by petition is not introduced, the advertising deposit shall be refunded to the petitioner; otherwise, such deposit shall be paid to the Borough.
B.
Any proposed amendment introduced by a member of the Council without written findings and recommendations from the Planning Commission shall be referred to the Planning Commission for review at least 30 days prior to public hearing by the Council.
C.
Before voting on the enactment of an amendment, the Council shall hold a public hearing thereon pursuant to public notice. 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 Council shall hold another public hearing pursuant to public notice, before proceeding to vote on the amendment.
§ 27-509 Zoning Hearing Board.
[Ord. 2-1991, 7/12/1991]
1.
In accordance with law, the Council shall appoint a Zoning Hearing Board, which Board shall adopt rules to govern its procedures. The Board shall hold meetings, keep minutes, and pursuant to notice, shall conduct hearings, compel the attendance of witnesses, take testimony under oath, and render decisions in writing, all as required by law. A fee shall be charged in accordance with a schedule annually affixed by resolution of Council for any appeal or proceeding filed with the Zoning Hearing Board. The Zoning Hearing Board shall have the functions, powers and obligations specifically granted by law.
A.
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 provisions of this Chapter or of the Zoning Map or any valid rule or regulation governing the action of the Zoning Officer. Appeals from decisions or interpretations of the Zoning Officer may be made by landowners, developers, or persons aggrieved and may relate to such subject matter as to whether a zoning permit or zoning occupancy permit should be issued or whether a stop work order should be issued.
B.
Challenges to the Validity of this Chapter. The Board shall hear challenges to the validity of this Chapter or map raising substantive questions. Procedural questions or an alleged defect in the process of enactment or adoption of any ordinance or map shall be raised by an appeal taken directly from the action of the Borough Council to the Court. Challenges to the validity of this Chapter or Map to the Zoning Hearing Board include challenges such as exclusionary zoning or spot zoning.
C.
Variances. The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this Chapter inflict unnecessary hardship upon the property of the applicant. 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. The Zoning Hearing Board may grant a variance provided the following findings are made where relevant in a given case:
(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 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 this Chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of such 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.
(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.
D.
Special Exceptions. The Board shall hear and decide requests for special exceptions enumerated in § 27-304. A special exception is issued for an exceptional use which may be permitted within a particular zoning district if the Board determines its availability. Such uses are made available as a privilege, not as a right, assuming that the requisite facts and conditions detailed in this Chapter are found to exist. In granting a special exception, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Chapter.
E.
Hearings. The Board shall conduct hearings and make decisions in accordance with the following requirements:
(1)
Notice shall be given to the public, the applicant, the Zoning Officer, such other persons as the Borough Council shall designate by ordinance and to any person who has made timely request for the same. Notices shall be given at such time and in such manner as shall be prescribed by the Pennsylvania Municipalities Planning Code.
(2)
The hearing shall be conducted by the Board, or the Board may appoint any member as a hearing officer.
(3)
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.
(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 the production of relevant documents and papers, including 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)
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(7)
The Board or hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made. A transcript of the proceedings and copies of graphic or written material in evidence shall be made available to any part at cost.
(8)
The Board or hearing officer shall not communicate directly or indirectly with any party or his representative in connection with any issue involved, except upon notice and opportunity for all parties to participate, shall not take notice of any communication, report, staff memoranda or other materials unless parties are afforded an opportunity to contest the materials so noticed and shall 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, as the case may be, 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. Where the Board fails to render the decision within 45 days after the last hearing before the Board or hearing officer or fails to hold the required hearing on the application within 60 days from the date of the applicant's request for 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. 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 Borough shall give public notice of said decision within 10 days in the same manner as provided in Subsection 1.
(10)
A copy of the final decision, or where no decision is called for, of the findings, shall be delivered to the applicant and to all other persons who have filed their name and address with the Board personally or by mail not later than the day following its date.