Catawissa Columbia County
City Zoning Code
City Zoning Code
ARTICLE IX
Administration, Enforcement and Penalties
§ 345-35 General procedure.
[Amended 6-5-1989 by Ord. No. 299]
Prior to the application for a zoning permit for the construction, alteration or changes in occupancy of any structure; all persons shall conform to the following procedure, as well as to all other applicable provisions of this chapter.
A.
Application for permits. Applicant applies to the Zoning and Code Enforcement Officer by filling out the appropriate application and by submitting a fee in the amount prescribed in Chapter 136, Building Permits, § 136-9 hereof. Any person who is required to obtain a permit hereunder and who applies therefor prior to commencement of the construction, alteration or change in occupancy shall pay a fee equal to 1/2 of the fee set forth hereinabove.
B.
Issuance of zoning permit. Prior to the application for a zoning permit for the construction of any structure, the developer shall submit a site plan to the Catawissa Zoning and Code Enforcement Officer which shall be accompanied by the following information:
(1)
Map showing applicant's entire holding, and that portion of the applicant's property under consideration.
(2)
An accurate preliminary site plan, drawn to a scale showing the exact size, shape, and location of existing and proposed buildings.
(3)
The site plan shall also show the location of parking areas and driveways, the proposed grade and drainage, and other such information as deemed necessary to enable the Zoning and Code Enforcement Officer to determine whether the proposed structure and use of land will conform to the provisions of this chapter.
C.
If the action proposed in the application is in accord with the regulations contained in this chapter, a zoning permit may be issued by the Zoning and Code Enforcement Officer on his own authority; however, if the action proposed presents unusual circumstances, the Zoning and Code Enforcement Officer shall forward said application to the Zoning Hearing Board. In case of a variance request, the application may be referred to the Planning Commission for review and on to the Zoning Hearing Board.
(1)
Upon such referral, the Borough's Planning Commission shall review and make recommendations and shall, within 45 days after receipt of said plan, approve or disapprove the proposed development with respect to the planning standards. The Planning Commission's recommendations shall be clearly stated to the Zoning Hearing Board by letter. The Zoning Hearing Board may deny a zoning permit for the proposed development until such conditions have been corrected.
(2)
When the Planning Commission shall have approved the site plan, it may require, in accordance with the standards adopted by ordinance of the Borough of Catawissa, the furnishing of a performance guarantee for any or all of the following improvements which it may deem to be appropriate: street grading, pavement, parking areas, gutters, curbs, sidewalks, lighting, plantings, screening, fencing, storm sewers, sanitary sewers or sewerage disposal, and such other improvements as the Planning Commission may deem appropriate.
(3)
Such performance guarantee may be in the form of a performance bond issued by a licensed bonding company or surety company, or a certificate of deposit assigned to the Borough of Catawissa returnable upon full compliance, or a certified check returnable to applicant upon full compliance within a two-year period.
§ 345-36 Enforcement; violations and penalties.
The provisions of this chapter shall be administered and enforced by the Zoning and Code Enforcement Officer, who shall have such powers as are conferred upon a Zoning and Code Enforcement Officer and as reasonably may be implied. A Zoning and Code Enforcement Officer may not hold any elective office in the municipality. It shall be the duty of the Zoning and Code Enforcement Officer or his duly authorized assistant to cause any building, plans or premises to be inspected or examined and to order, in writing, the remedying of any conditions found to exist in violation of this chapter, and he shall have the right to enter any building or premises during the daytime in the course of his duties.
A.
Building site permit required. It shall be unlawful to start any work for the purpose of construction, alteration, or removal of any building unless a building permit has been issued.
B.
Penalties for violation. Any person violating any provision of this chapter shall, upon being found liable therefor in a civil enforcement proceeding, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. Each day of the existence of any violation shall be deemed a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Records. It shall be the duty of the Zoning and Code Enforcement Officer to keep a record of all applications for zoning permits and a record of all permits issued, together with a notation of all special conditions involved. The Zoning and Code Enforcement Officer shall prepare a quarterly report to the Borough Council, the Zoning Hearing Board and the Planning Commission on the number of applications, of permits or certificates issued or denied, of variances granted, of inspections made, of reports rendered, and of any other information requested by the Board or Commission in the furtherance of its duties.
§ 345-37 Zoning Hearing Board.
[Amended 10-6-1980 by Ord. No. 254; 6-9-1983 by Ord. No. 268; 5-8-1995 by Ord. No. 1995-01]
A.
Membership of Board.
(1)
The Board shall consist of three members to be appointed by the Council. The members shall be residents of the Borough of Catawissa. Members of the Board shall hold no other elected or appointed office in the Borough, nor shall any member be an employee of the Borough.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the governing body of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term.
B.
Organization of Board. The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board, but where two members are disqualified to act in a particular matter, the remaining member or appointed hearing officer may act for the Board. The Board or hearing officer may make, alter and rescind rules and forms for its procedure consistent with ordinances of the municipality and laws of the commonwealth. The Board shall keep full public records of its business and shall submit a report of its activities to the governing body once a year.
C.
Removal of members. Any board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the governing body which appointed the member, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
D.
Expenditures for service. Within the limits of funds appropriated by the governing body, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of these duties, as may be fixed by the governing body, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the governing body.
E.
Board's functions. The Board shall be responsible for the interpretation of this chapter, and shall adopt, and make available to the public, rules for the exercise of the Board's function.
(1)
The Board shall conduct hearings and make decisions in accordance with the requirements of this chapter.
(2)
The Board shall fix a reasonable time for the hearing of the appeal or other matters referred to it.
(3)
The Board shall give public notice thereof at least 15 days before the hearing. The Board shall, prior to the date appointed for said public hearing, give notice, in writing, to all persons who are owners of property within 200 feet of the property to be affected.
(4)
The Chairman or Acting Chairman of the Board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers.
(5)
The Board shall not communicate, directly or indirectly, with any party in connection with any issue, except upon notice and opportunity for all parties to participate.
F.
Appeals.
(1)
Appeals from the decision of the Zoning and Code Enforcement Officer may be made to the Zoning Hearing Board by any person aggrieved or by any officer, department, or bureau of the Borough affected by any decision of the Zoning and Code Enforcement Officer.
(2)
An appeal shall be taken by filing with the Zoning and Code Enforcement Officer a written notice of appeal, specifying the grounds thereof and giving the names and addresses of the parties in interest.
(3)
Each notice of appeal, application for a variance or special exception, or application challenging the validity of this chapter and/or the Official Zoning Map shall be accompanied by a fee of $500 plus any costs incurred to record and transcribe the hearing. The Secretary of the Zoning Hearing Board shall keep a record of all fees received.
[Amended 11-12-2012 by Ord. No. 2012-03]
(4)
The Zoning Hearing Board shall notify the Planning Commission and the Zoning and Code Enforcement Officer of each variance granted or recommended under the provisions of this chapter.
§ 345-38 Powers and duties of Zoning Hearing Board.
[Amended 7-12-1982 by Ord. No. 265]
A.
To hear and decide appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination of the Zoning and Code Enforcement Officer in the enforcement of this chapter.
B.
Challenge to the validity. The Board shall hear challenges to the validity of a zoning ordinance and/or the Official Zoning Map.
C.
Authorize variances. To authorize a variance, provided that such variance is granted only if it would not cause substantial detriment to the public interest owing to special conditions which result in unnecessary hardships so that the spirit of this chapter shall be observed in accordance with Section 912, Act 247, Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See now 53 P.S. § 10912.1.
D.
Grant special exceptions.
(1)
To grant special exception, as provided for in § 345-14 of this chapter, provided that the Board shall have first considered the recommendations, if any, of the Planning Commission concerning the suitability of the proposed special exception in light of the standards and criteria set forth in this chapter and provided further that the proposed use, in addition to complying with all other applicable requirements of this chapter, is found to be:
(a)
In accordance with the Comprehensive Plan and consistent with the spirit, purpose and intent of this chapter;
(b)
Compatible with adjoining development and the character of the zoning district where it is to be located;
(c)
Suitable in terms of effects on highway traffic and safety, with adequate arrangements to protect streets from undue congestion and hazard;
(d)
Suitable for the property in question, and designated, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity; and
(e)
Of such a nature as to not cause substantial injury to the value of other property in the neighborhood where it is to be located.
(2)
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.
(3)
The Planning Commission shall have 30 days from the date of its receipt of the application for the special exception within which to make any recommendations it may have thereon.