Carroll Township Perry County
City Zoning Code
City Zoning Code
ARTICLE XVII
Administration and Enforcement
§ 138-136 Appointment and powers of Zoning Officer.
For the administration of this chapter, a Zoning Officer, who may not hold any elective office in the Township, shall be appointed. 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 this chapter.
§ 138-137 Enforcement.
[Amended 6-20-2000 by Ord. No. 42]
It shall be the duty of the Zoning Officer to enforce the provisions of this chapter and such power and authority as is necessary for enforcement is hereby conferred upon the Zoning Officer. The Zoning Officer shall examine all applications for permits, issue zoning permits for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with accompanying plans and documents, and make such reports as the Board of Supervisors may require. Permits for construction and uses which are a variance to requirements of this chapter shall be issued only upon written order of the Zoning Hearing Board. Permits for construction and uses, which are a conditional use, shall be issued only upon approval of such conditional use by Carroll Township Board of Supervisors.
§ 138-138 Zoning appeals.
The governing body shall appoint a Zoning Hearing Board which shall be composed of three members, organized, empowered and conducted in accordance with Article IX of the Pennsylvania Municipalities Planning Code (53 P.S. § 10901) existing or hereafter as amended and supplemented (the "code"). The duly established Zoning Hearing Board shall have the following functions:
A.
Hearings. The Zoning Hearing Board shall conduct hearings and make decisions in accordance with Section 908 of the Code. Written notice shall be given to the public, the applicant, the County Planning Commission, the Zoning Officer, such other persons as the Zoning Hearing Board shall designate and any person who has made timely request for the same. Notices shall be given at such time and in such manner prescribed by adopted Rules of the Zoning Hearing Board. The governing body may establish reasonable fees, based on cost, to be paid by the applicant and persons requesting any notice or materials not required by ordinance.
B.
Jurisdiction. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(2)
Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance. Where the ordinance appealed from is the initial zoning ordinance of the municipality and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court.
(3)
Appeals from the determination of the Zoning Officer, including, but not limited to the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.
(4)
Appeals from a determination by a Municipal Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
(7)
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter.
(9)
Appeals from the determination of the Zoning Officer or Municipal Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving Article V or VII applications in Act 247.
C.
Variances.
(1)
The Zoning Hearing Board shall hear request for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Zoning Hearing Board shall prescribe the form of application and require application to the Zoning Officer. The Zoning Hearing 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 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 with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(c)
That such unnecessary hardship has 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; and
(e)
That the variance, if authorized, will represent the minimum variance that will afford relief and represent the least modification possible of the regulation in issue.
(2)
In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and of the code.
D.
Special exceptions. Applications for any special exceptions as permitted by this chapter shall be made to the Zoning Hearing Board through the Zoning Officer. The Zoning Hearing Board shall refer the matter to the Planning Commission for report thereon as to its effect on the Comprehensive Plan of the Township. After receipt of such report, the Zoning Hearing Board shall hear the application in the same manner and under the same procedure as it is empowered by law and ordinance to hear cases and make exceptions to the provisions of this chapter.
[Added 10-16-2001 by Ord. No. 46]
(1)
It is the intent of this section to provide special controls and regulations for particular uses that may, under certain conditions, be conducted within the various zoning districts established in this chapter. These particular controls and requirements are additional to those imposed by other applicable ordinances of Carroll Township.
(2)
The Zoning Hearing Board shall hear requests for special exceptions in accordance with the following conditions and requirements:
(a)
The Zoning Hearing Board shall determine that the minimum requirements of this chapter have been met.
(b)
The Zoning Hearing Board shall find that the use, structure, or action authorized by the special exception permit will not be contrary to the preservation of the general character of the neighborhood involved.
(c)
The Zoning Hearing Board shall duly consider the following factors, as appropriate:
[1]
Ingress and egress to property and existing and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic generation, flow and control relative to exiting and future vehicular capacity of nearby public rights of way, and access in case of fire, flood or other catastrophe.
[2]
Off-street parking and loading areas where required, with particular attention to the factors in Subsection D(1) hereof, and the noise, glare, odor or traffic effects of the special exception on adjoining properties and properties generally in the neighborhood.
[3]
Refuse and service areas.
[4]
Utilities, with reference to locations, availability and compatibility.
[5]
Screening and buffering as required by this chapter.
[6]
Signs as permitted by this chapter.
(3)
Nothing in this section shall relieve the owner or his agent, the developer, or the applicant for a special exception permit from obtaining subdivision and/or land development plan approval in accordance with Chapter 120, Subdivision and Land Development.
(4)
Fees and other costs. In addition to the filing fee and other costs requisite for subdivision and land development plan approval in accordance with Chapter 120, Subdivision and Land Development, the applicant shall pay the following costs:
(a)
Reasonable fees for compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing.
(b)
An applicant, by filing for a use by special exception, shall then be obligated to pay all costs hereinabove provided. The applicant upon the submission of bills shall promptly submit payment of such costs to the Township.
(c)
No zoning permit or other required permit shall be issued by the Township Zoning and/or Building Permit Officer until all such fees and costs have been paid in full by the applicant.
(5)
General procedures for special exceptions.
(a)
Application. Requests for special exceptions shall be submitted, together with all required fees, in a written application setting forth the grounds for the request in detail. A development plan of the total area to be included in the application, which shall be drawn to scale, shall accompany and be part of the special exception application and contain the following:
[1]
The location, boundaries, dimensions and ownership of the land.
[2]
In the case of nonresidential development, a general description of the activities to take place as may be appropriate such as maximum employment, working hours, customer traffic, delivery services, and development schedule plan.
[3]
The location, use, and ground area of such proposed building and other structure.
[4]
The locations, dimensions, arrangements and proposed use of all open spaces, yards, streets, accessways, entrances, exits, off-street parking facilities, loading and unloading facilities, pedestrian ways and buffer yards.
[5]
The capacity arrangement and controls for all areas to be used for automobile access, parking, loading and unloading in sufficient detail to demonstrate that satisfactory arrangements will be made to facilitate traffic movement from the street or highway.
[6]
The character of the buffer area and screening devices to be maintained including the dimensions and arrangements of all areas devoted to planting, lawns, trees or similar purposes.
[7]
A description of the proposed methods of control of development in sufficient detail to indicate the noise, glare, air pollution, water pollution, fire hazards, traffic congestion, other safety hazards to be produced, and if requested the appropriate environmental study required by § 138-109.
[8]
A description of the methods to be used for water supply treatment and disposal of sewage, other wastes, refuse, and storm drainage.
[9]
The names and addresses of all adjoining property owners.
(b)
Referral to Carroll Township Planning Commission. Applications for special exceptions shall be referred to the Carroll Township Planning Commission for comment. In their review the Planning Commission shall take into consideration the public health, safety, and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may recommend appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular.
[1]
That all proposed structures, equipment, or material shall be readily accessible for fire and police protection.
[2]
That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
[3]
That, in addition to the above, in the case of any use located directly adjacent to a residential district:
[a]
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to said Residential District or conflict with the normal traffic of the neighborhood; and
[b]
The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(6)
Special exceptions; specific procedures. Upon receipt of a special exception application the following procedure shall prevail:
(a)
Planning Commission review. Within 45 days of the Township's receipt of a special exception use application, the Township Planning Commission shall review said application together with all supporting information and forward its written recommendations to the Zoning Hearing Board.
(b)
Zoning Hearing Board action. The Zoning Hearing Board shall conduct a public hearing on each application for a special exception use. Such hearing shall be conducted in accordance with § 138-138 of this chapter. The initial public hearing shall be conducted within 60 days of the date of a complete application, unless the applicant has agreed in writing to an extension of time.
(c)
The Zoning Hearing Board shall make its final decision based upon findings of fact as to the general factors set forth and upon the specific factors for which a special exception application is filed. The 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.
§ 138-139 Permits.
[Amended 6-20-2000 by Ord. No. 42]
A.
Requirements of zoning permit. A zoning permit shall be required prior to a building permit being issued; the erection, addition, or alteration of any building 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 the establishment of a home occupation pursuant to § 138-94M of this chapter. It shall be unlawful for any person to commence work for the erection or alteration of any building or for a change in land use, until a zoning permit has been duly issued therefor.
B.
Application for permits. All applications for permits, and applications for issues to be determined by the Zoning Hearing Board shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of any buildings existing on the lot, the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of each building or part of a building, the number of families or dwelling units the building is designed to accommodate and such information as may be necessary to determine compliance with this chapter and all other ordinances. One copy of such plans shall be returned to the owner when such plans have been reviewed and acted upon by the Zoning Officer and Building Permit Officer. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied.
C.
Issuance of permits.
(1)
No building permit shall be issued by the Building Permit Officer until the Zoning Officer has certified that the proposed building, addition or alteration, complies with all the provisions of this chapter, as well as the provisions of all other applicable ordinances.
(2)
Zoning Officer and Building Permit Officer shall act upon request within 30 days following a complete application.
(3)
A zoning permit issued hereunder shall become void 12 months after issuance date, unless a request for extension has been submitted to and approved by the Zoning Officer. Such request shall be filed with the Zoning Officer at least 30 days prior to the permit expiration date.
D.
Temporary permits. A temporary zoning permit may be authorized by the Zoning Officer for a temporary structure/building or use, such as, but not limited to, a construction trailer and temporary sales office. Such permit shall be issued for a specified period of time not to exceed one year, and may be renewed annually for an aggregate period not exceeding two years. All temporary structures/buildings or uses shall comply with the provisions of this chapter and Chapter 51, Building Permits.
§ 138-140 Certificate of nonconformance.
[Amended 10-16-2001 by Ord. No. 46]
The Zoning Officer may issue a certificate of nonconformance to the owner of any property, which is identified as containing a nonconforming use or structure. The owner's property and the issuance date of such certification shall be registered in the records of the Township as follows:
A.
Such certificate of nonconformance shall be issued within 180 days after the effective date of this chapter.
B.
The certificate of nonconformance shall set forth in detail all of the nonconforming conditions of said property.
C.
A copy of the certificate of nonconformance shall be retained and filed by the Zoning Officer.
D.
The certificate shall be for the purposes of insuring the owner the right to continue a nonconforming use in accordance with the regulations of this chapter.
§ 138-141 Conditional uses.
Applications for any conditional use permitted by this chapter shall be made to the Board of Supervisors through the Zoning Officer. The Zoning Officer shall refer all such applications to the Planning Commission for review and recommendation. The Planning Commission shall review the application pursuant to applicable standards and criteria and submit its recommendations to the governing body for approval or denial pursuant to public notice and a public hearing.
§ 138-142 Special exceptions.
[Added 10-16-2001 by Ord. No. 46]
The Zoning Hearing Board shall hear and decide requests for special exceptions in accordance with the standards and criteria set forth in this chapter. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and of the Act 247, the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 138-143 Fees.
A.
The Township Board of Supervisors shall establish a schedule of fees, charges and expenses, as well as a collection procedure for zoning permits, certificates of occupancy, appeals, variances, special exceptions, amendments, bonds and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Zoning Officer.
B.
Such fees shall be payable to the Township and until all applicable fees, charges and expenses have been paid in full, the application shall be considered incomplete.
§ 138-144 Inspection by Zoning Officer.
It shall be the duty of the Zoning Officer, or his duly appointed representative, to make the following minimum number of inspections of property for which a permit has been issued:
A.
At the beginning of construction.
(1)
A record shall be made indicating the time and date of inspection and the finding of the Zoning Officer in regard to conformance of the construction with plans submitted with the approved zoning permit application.
[Amended 6-20-2000 by Ord. No. 42]
(2)
If the actual construction does not conform to the application, a written notice of violation shall be issued by the Zoning Officer, and such violation shall be discontinued. Upon proper correction of the violation and receipt of written notice from the Zoning Officer, construction shall proceed.
B.
At the completion of construction. A record shall be made indicating the time and date of the inspection; the findings of the Zoning Officer in regard to conformance to all Township ordinances, and the opinion of the Zoning Officer in regard to the issuance of any applicable permit.
[Amended 6-20-2000 by Ord. No. 42]
§ 138-145 Certificate of use.
A.
A certificate of use shall be a statement issued by the Zoning Officer setting forth that a building, structure, parcel, or use of land complies with the provisions of all Township ordinances.
[Amended 6-20-2000 by Ord. No. 42]
B.
No vacant land shall be occupied or used, and no structure or part of a structure hereafter erected, substantially altered or changed in use shall be occupied or used until a certificate of use shall have been issued by the Zoning Officer.
C.
A certificate of use for the use of vacant land or for a change in the use of land, or for a change in the use of an existing building, either for whole or part of a new building or for the alteration of an existing building, shall be applied for coincident with the application for a building or zoning permit, and shall be issued or denied within 15 days after a final inspection by the Zoning Officer.
[Amended 6-20-2000 by Ord. No. 42]
D.
A certificate of use for changing or extending a nonconforming use, existing at the time of the passage of this chapter or of an amendment thereto, shall be applied for and issued before any such nonconforming use shall be changed or extended. Such certificate shall be issued within 15 days after a final inspection and approval by the Zoning Officer.
E.
A record of all certificates of use shall be kept on file in the office of the Zoning Officer and a copy shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.
§ 138-146 Notice; enforcement; violations and penalties; remedies.
[Amended 3-6-2012 by Ord. No. 60]
A.
Violations. The construction, alteration, maintenance, or use of any structure, building, sign, land, or landscaping; or change of use, area of use, percentage of use or displacement of the use of any structure, building, sign, land or landscaping without first obtaining a zoning permit; or the use of any building, structure, sign or land without receipt of a certificate of use and occupancy; or the failure to comply with any other provision of the chapter; or the violation of any conditions imposed upon the grant of a special exceptions or variance by the Zoning Hearing Board or a conditional use by the Board of Supervisors or by a court of competent jurisdiction if a special exception, variance or conditional use is granted by such court are hereby declared to be violations of this chapter.
B.
Enforcement notice. If it appears to the Zoning Officer that a violation of this chapter exists, the Zoning Officer shall send an enforcement notice (also known as a "notice of violation and cease and desist order") 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 lot, to any other person requested in writing by the owner of record, and to any person whom the Township may bring an enforcement action. The enforcement notice shall contain the name of the owner of record and any other persons against whom the Township may take action, the location of the property in violation, the specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter, the date before which steps for compliance must be commenced and that date before which the steps must be completed, that the recipients of the enforcement notice have the right to appeal to the Zoning Hearing Board within 30 days, and that a failure to comply with the notice within the time specified, unless extended by an appeal to the Zoning Hearing Board, constitutes a violation with sanctions clearly described.
C.
Enforcement action. If the enforcement notice is not complied with, the Zoning Officer, with the approval of the Board of Supervisors, shall institute in the name of the Township any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate such violation or to require the removal or termination of the unlawful use of this chapter or the order of direction made pursuant thereto. The Board of Supervisors may also direct the Zoning Officer or Township Solicitor to institute a civil enforcement proceeding before a Magisterial District Judge.
D.
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 for such violation in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including the reasonable attorneys’ fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, be levied or be 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 Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues constitutes a separate violation, unless a District Justice determining that there has been a violation further determines that there was 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 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 Township for the general use of the Township. Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
E.
Remedies. In case any building, structure, sign or landscaping is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any building in violation of this chapter or of any of the regulations made pursuant thereto, or any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or upon the grant of a special exception variance by the Zoning Hearing Board or upon the grant of a conditional use by the Board of Supervisors, then in addition to any other remedies provided by law, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township may institute, in the name of the Township, any appropriate action or proceeding to prevent, restrain, correct or abate any such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to prevent any illegal act, conduct, business or use in and about such premises.
F.
Other actions. The imposition of the penalties herein prescribed shall not preclude the Township Solicitor from instituting appropriate action to prevent unlawful erection or construction or to restrain, correct or abate a violation or to prevent illegal use or occupancy of any structure, building, sign, land and/or premises or to stop an illegal act, conduct, business, use or occupancy of any structure, building, sign and/or land in or about any premises.
§ 138-147 Appeals and applications.
A.
All applications before the Carroll Township Zoning Hearing Board shall include an application fee. Such fee shall cover the cost of compensation for the Secretary and members of the Zoning Hearing Board, notice and advertising costs, necessary administrative overhead connected with the hearing, and professional stenographer, which fee shall be paid pursuant to Section 908.(7) of the Pennsylvania Municipalities Planning Code. Application fee shall be set by resolution by the Carroll Township Board of Supervisors.
[Added 6-20-2000 by Ord. No. 42]
B.
An appeal, or application for an amendment, or variance from the terms of this chapter shall be filed with the Zoning Officer, and shall contain:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the real estate to be affected by such proposal.
(3)
A brief description and location of the real estate to be affected by such proposal.
(4)
A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof.
(5)
A statement of the section of this chapter under which the appeal or application requested may be allowed, and reasons why it should be granted; or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed, and reasons for the appeal.
(6)
An accurate description of the present improvements and the additions intended to be made under this application, indicating the size and use of such proposed improvements and general construction thereof. In addition, there shall be attached a plot plan of the real estate to be affected, as required to accompany applications for permits, indicating the location and size of the lot and location of improvements now erected, and proposed to be erected thereon.
(7)
Any other pertinent data required by the Zoning Hearing Board, Township Board of Supervisors, and/or Zoning Officer, as appropriate to their individual authorities set forth in this article.
§ 138-148 Interpretation, purpose and conflict.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals, and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations, or ordinances, provided that where this chapter imposes a greater restriction upon the use of buildings or premises, or upon the height of a building, or requires larger open spaces than are imposed by such other rules, easements, covenants, restrictions, regulations or ordinances, the provisions of this chapter shall control.
§ 138-149 Procedural relationship to Municipalities Planning Code.
[Added 10-16-2001 by Ord. No. 46]
This chapter provides detailed procedures for action by the Board of Supervisors, Planning Commission, Zoning Hearing Board, and the public. The purpose of these sections is for the convenience of the user of this document; however, from time to time the state enabling legislation will be revised. As such the procedural requirements of this chapter shall be compared against Act 247.[1] Act 247 will always preside and shall be the source for procedural protocol.
[1]
Editor's Note: See 53 P.S. 10101 et seq.