Canonsburg City Zoning Code
ARTICLE 11
Administrative Procedures
§ 170-1101 Applicability.
This article shall prescribe the procedures by which the administration of this chapter shall take place. Nothing contained within this article shall be interpreted as limiting the adoption of administrative regulations which do not supersede required stated procedures.
§ 170-1102 Zoning Officer powers and duties.
A.
The provisions of this chapter shall be administered and enforced by a Zoning Officer who shall be appointed by Borough Council. The Zoning Officer shall hold no elective office in the Borough. The Zoning Officer shall meet the qualifications established by the Borough and shall be able to demonstrate, to the satisfaction of the Borough, a working knowledge of municipal zoning.
B.
The Zoning Officer shall have all the powers and duties conferred upon him or her by this chapter and the Pennsylvania Municipalities Planning Code.[1] The Zoning Officer's duties shall include the following:
(1)
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.
(2)
Review all applications for zoning permits and issue permits when there is compliance with the provisions of this chapter. The Zoning Officer may condition the issuance of a zoning permit upon the applicant proving compliance with other Borough regulations.
(3)
Receive applications for special exceptions and variances and forward these applications to the Zoning Hearing Board for action thereon.
(4)
Receive applications for conditional uses and forward these applications to Council for action thereon.
(5)
Receive applications for challenges and appeals for which the Zoning Hearing Board has exclusive jurisdiction as specified in § 170-1205, and forward these applications to the Zoning Hearing Board for action thereon.
(6)
Post written notice of public hearings on affected tract of land at least one week prior to hearing.
(7)
Maintain a permanent file with all zoning permits, occupancy permits and applications as public records.
(9)
Order, in writing, correction of all conditions found to be in violation of the provisions of this chapter. An enforcement notice shall meet requirements of the Pennsylvania Municipalities Planning Code.[3] Prior to issuing an enforcement notice, the Zoning Officer may informally seek compliance.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(10)
Conduct inspections and investigations to determine compliance or noncompliance with the terms of this chapter.
(11)
In the course of administering and enforcing this chapter and reviewing applications for zoning permits, temporary use permits, sign permits or variances, the Zoning Officer may register nonconforming uses, nonconforming structures and nonconforming lots as they become known through the application and enforcement process. Registration and proof of nonconforming uses, structures and lots shall be the burden of the property owner.
(12)
Upon the request of the Planning Commission, the Zoning Hearing Board or Council, present such facts, records and any similar information on specific requests to assist such bodies in reaching their decisions.
(13)
Maintain the official Zoning District Map for the Borough.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 170-1103 Zoning permits.
A.
Application. All requests for zoning permits shall be made in writing by the owner or his authorized agent to the office of the Zoning Officer on application forms furnished by the municipality.
B.
Zoning permit required. Zoning permits shall be secured prior to commencing a use or starting any construction, erection or alteration of any building, structure, sign or portion thereof. No building permit shall be issued unless the applicant shows that a zoning permit has already been obtained.
C.
Review and approval. Issuance of a zoning permit shall be subject to review and approval by all Borough Departments noted on the permit. Staff shall require that the application of a zoning permit and any additional material requested by the various Borough departments shall contain all the information necessary to enable them to ascertain whether the proposed structure complies with the provisions of this chapter.
D.
Floodplains. Prior to the issuance of a zoning permit for any use in a floodplain, the Zoning Officer shall require the applicant to indicate compliance with all applicable local, state and federal laws.
E.
Notice of start work. The Zoning Officer shall be given at least 24 hours' notice by the owner or applicant prior to commencement of work at the site under zoning or building permits.
F.
Time limitation. No zoning permit for construction, erection or alteration of any building or structure, or for any sign, shall be valid for more than 12 months from date of issue unless work at the site has commenced within such period. No zoning permit for use of building or land shall be valid for more than 12 months from date of issue unless or a written time extension has been provided by the Borough/Borough.[1]
[1]
Editor's Note: So in original.
G.
Cancellation of permit. The Zoning Officer may cancel or revoke a permit previously granted for violation of this chapter or any order of the Zoning Officer or condition established by the Zoning Hearing Board or Council.
H.
Fees.
(1)
Fees for zoning and building permits shall be paid in accordance with the applicable fee schedule enacted by Council, which is adopted by resolution and which may be revised from time to time.
(2)
Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(3)
The fee schedule shall be available to the public.
§ 170-1104 Enforcement; violations and penalties.
A.
Violations. Failure to comply with any provisions of this chapter; failure to secure a zoning permit prior to the erection, construction, extension, structural alteration, addition or occupancy of a building or structure; or failure to secure a zoning permit for the use or change of use or occupancy of structures or land, shall be a violation of this chapter.
B.
Enforcement. If the Zoning Officer finds reasonable grounds to believe that there has been a violation of any provisions of this chapter, he or she shall give written notice of such alleged violation. The enforcement notice shall include:
(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 this chapter.
(4)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed (not to exceed a period of 30 days).
(5)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days of receipt of the complaint.
(6)
That failure to comply with the notice within the time specified, unless extended by approval to the Zoning Hearing Board, constitutes a violation.
C.
Penalties.
(1)
Any person, partnership or corporation who or which has violated or permitted the violation of the provision of any zoning ordinance enacted under this act or prior enabling laws shall, upon being found liable there for in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by a municipality as a result thereof.
(2)
No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge.
(3)
If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable ruler of civil procedure.
(4)
Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determination that there has been a violation further determines that there is a good faith basis for the person, partnership or corporation 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 Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of zoning ordinances shall be paid over to the Borough.
(5)
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
(6)
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.
D.
Causes of action. In case any building or structure is erected, constructed, reconstructed, structurally altered, repaired, converted or maintained or any building or structure or land is used in violation of this chapter or of any other ordinance or regulation made under authority conferred hereby, Borough Council or, with approval of Borough Council, the Zoning Officer or other proper official, in addition to other remedies, may institute in the name of the Borough, any appropriate action or proceeding to prevent, restrain, correct or abate such unlawful erection, construction, reconstruction, structural alteration, repair, conversion, maintenance or use; to prevent the occupancy of any building, structure or land; or to prevent any illegal act, conduct, business or use which constitutes a violation.
§ 170-1105 Coordination with other requirements and permits.
A.
Applications for permits. In all cases, any application for a zoning permit shall be decided not only on the basis of compliance with this chapter, but also on the basis of compliance with all other applicable Borough ordinances and all other applicable rules and regulations of the various Borough authorities and agencies which might be concerned, as well as state and federal requirements and permits.
B.
Reasonable accommodation procedure and criteria. Persons with a claim for a reasonable accommodation under the Fair Housing Amendments Act or the Americans with Disabilities Act[1] shall submit their request, in writing, to the Zoning Officer on an application form which shall require that the following information, and such other information as may be reasonably needed to process the request, be provided:
(1)
Specific citation of this chapter's provision from which reasonable accommodation is requested;
(2)
The name and address of the applicants;
(3)
The specific description of the reasonable accommodation sought and the particulars, including exact dimensions of any proposed structural or locational accommodation;
(4)
The condition of the applicants for which reasonable accommodation is sought;
(5)
A description of the hardship, if any, that the applicants will incur absent provision of the reasonable accommodation requested;
(6)
A description of any alternative methods of relieving the claimed hardship that have been considered and the reason, if any, why applicants have rejected such alternatives;
(7)
A statement describing why the requested accommodation is necessary to afford the applicants an opportunity equal to a nonhandicapped or nondisabled person to use and enjoy the dwelling in question;
(8)
A description of the manner in which the accommodation, if granted, will be terminated or removed if no longer required to afford equal housing opportunity to handicapped or disabled persons; and
(9)
A statement of any facts indicating whether or not nonhandicapped or nondisabled persons would be permitted to utilize the property in question in a manner similar sought by applicants;
(10)
The Zoning Officer may hold any meetings and/or hearings necessary in his discretion to elicit information or argument pertinent to the request for accommodation;
(11)
The Zoning Officer's decision shall be in writing and shall state the reasons for the decision;
(12)
The Zoning Officer shall issue his written decision to the applicants and the Borough within 30 days of filing of the request for accommodation;
(13)
A request for reasonable accommodation should be directed in the first instance to the Zoning Officer. In considering a request for reasonable accommodation, the Zoning Officer shall, with the advice and counsel of the Borough Solicitor, apply the following criteria:
(b)
The degree to which the accommodation sought is related to the handicap or disability of the applicants;
(c)
A description of the hardship, if any, that the applicants will incur absent provision of the reasonable accommodation requested;
(d)
The extent to which the requested accommodation is necessary to afford the applicants an opportunity equal to a nonhandicapped or nondisabled person to use and enjoy the dwelling in question;
(e)
The extent to which the proposed accommodation may impact other property owners in immediate vicinity;
(f)
The extent to which the requested accommodation may be consistent with or contrary to the zoning purposes promoted by this chapter, the Comprehensive Plan and the community development objectives set forth in this chapter;
(g)
The extent to which the requested accommodation would impose financial and administrative burdens upon the Borough;
(h)
The extent to which the requested accommodation would impose an undue hardship upon the Borough;
(i)
The extent to which the requested accommodation would require a fundamental alteration in the nature of the Borough's regulatory policies, objectives and regulations;
(j)
The extent to which the requested accommodation would result in a subsidy, privilege or benefit not available to nonhandicapped or disabled persons;
(k)
The permanency of the requested accommodation and the conditions under which such accommodation will be removed, terminated or discontinued when no longer needed to provide handicapped or disabled persons with equal opportunity to use and enjoy the dwelling in question; and
(l)
The extent to which the requested accommodation will increase the value of the property during and after its occupancy by applicants.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
§ 170-1106 Amendments.
B.
The process to start consideration of a proposed amendment to this chapter may be initiated by a majority vote of Planning Commission or Council. Such vote may or may not occur in response to a request of an individual, organization, committee, landowner or other entity.
C.
For any proposed amendment introduced by any person or entity other than the Planning Commission, Council shall submit such amendment for review to the Planning Commission at least 30 days prior to the public hearing on such proposed amendments.
D.
All amendments shall be submitted to the Washington County Planning Commission at least 30 days prior to the public hearing on such proposed amendments.
E.
Before voting on the enactment of an amendment, Council shall hold a public hearing thereon pursuant to public notice, and pursuant to mailed notice and electronic notice to an owner of a tract or parcel of land or an owner of the mineral rights in a tract or parcel of land who has made a timely request in accordance with Section 109 of the MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10109.
F.
If the proposed amendment involves a Zoning Map change, the following is required:
(1)
Notice of said public hearing shall be conspicuously posted by the Zoning Officer at points deemed sufficient by the municipality along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
(2)
Notice of the public hearing must be mailed by the municipality at least 30 days prior to the date of the hearing by first-class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidences by tax records within the possession of the municipality. The notice shall include the location, date and time of the public hearing. This shall not apply when the rezoning constitutes a comprehensive rezoning.
G.
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, Council shall hold another public hearing pursuant to public notice before proceeding to vote on the amendment.
H.
An applicant and/or interested party who requests a continuance of a public hearing scheduled to consider a zoning amendment shall be responsible for the full cost of readvertising the date of the subsequent public hearing. In order for the subsequent public hearing date to be established, the cost of the readvertisement must be deposited with the municipality.
I.
Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Washington County Planning Commission.
J.
Landowner curative amendments.
(1)
Any landowner in either municipality who desires to challenge on substantive grounds the validity of a zoning ordinance or 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 governing body with a written request that his challenge and proposed amendment be heard and decided as provided in Section 916.1 of the MPC.[3] Such applications shall be presented or postmarked to each participating municipality on the same day.
[3]
Editor's Note: See 53 P.S. § 10916.1.
(2)
The governing body shall commence a hearing thereon within 60 days of the request as provided in Section 916.1 of the MPC. The curative amendment and challenge shall be referred to the planning commissions as provided in Section 609 of the MPC and notice of the hearing thereon shall be given as provided in Section 610 of the MPC and in Section 916.1 of the MPC.[4]
[4]
Editor's Note: See 53 P.S. §§ 10609, 10610, and 10916.1, respectively.
(3)
The hearing shall be conducted in accordance with Section 908 of the MPC[5] and all references therein to the "Zoning Hearing Board" shall, for purposes of this section be references to Council; provided, however, that the provisions of Section 908(1.2) and (9) of the MPC shall not apply and the provisions of Section 916.1 of the MPC shall control.[6] If the municipality does not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for the entire chapter and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
(4)
Council which has determined that a validity challenge has merit may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;
(b)
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or map;
(c)
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;
(d)
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and
(e)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(5)
The Council before which the curative amendment is brought shall not have the power to adopt any amendment to the Joint Zoning Ordinance without the approval of both the Borough of Canonsburg. The challenge shall be directed to the validity of the Joint Zoning Ordinance as it applies to the entire area of its jurisdiction.
(6)
If the municipality does not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for the entire chapter and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
K.
Municipal curative amendments.
(1)
If the Borough determines that this chapter or any portion thereof is substantially invalid, Council shall vote, within 30 days following such declaration by Council, by formal action whether or not to declare this chapter or portions thereof substantially invalid. In the event of the failure of the Borough Council to declare this chapter or portions thereof substantially invalid within the 30 days following such declaration, the declaration shall be deemed null and void.
(2)
The declaration by the Borough Council of the substantive invalidity of this chapter shall be binding upon the Borough from the moment Council declares this chapter invalid.
(3)
Upon the declaration that this chapter is invalid by the Borough, the Borough shall begin to prepare and consider a curative amendment to this chapter to correct the declared invalidity. Within 30 days following such declaration and proposal Council shall:
(a)
By resolution make specific findings setting forth the declared invalidity of this chapter which may include:
(b)
Begin to prepare and consider a curative amendment to this chapter to correct the declared invalidity.
(c)
Within 180 days from the date of the declaration and proposal, the municipality shall enact a curative amendment to validate, or reaffirm the validity of, this chapter pursuant to the provisions required by Section 609 of the MPC[7] in order to cure the declared invalidity of this chapter.
[7]
Editor's Note: See 53 P.S. § 10609.
(d)
Upon the initiation of the procedures, as set forth in above, Council shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of the MPC nor shall the Zoning Hearing Board be required to give a report requested under Sections 909.1 or 916.1 of the MPC[8] subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required above. Upon completion of the procedures as set forth above, no rights to a cure pursuant to the provisions of Sections 609.1 and 916.1 of the MPC 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.
[8]
Editor's Note: See 53 P.S. §§ 10609.1, 10909.1 and 10916.1, respectively.
(e)
The Borough having utilized the procedures as set forth above may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of its joint zoning ordinance; provided, 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 Borough may utilize the provisions of this section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.