Churchill City Zoning Code
ARTICLE VI
Administration and Enforcement
§ 304-38 Zoning Officer.
The Zoning Officer, who shall be appointed by Council, 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 of any use or change of use which does not conform to this chapter.
B.
Issue zoning permits and 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, together with the reason that the use or structure is nonconforming. A zoning occupancy permit shall then be issued to the owner of the said use or structure.
§ 304-39 Zoning permit.
A zoning permit shall be obtained before any person may:
A.
Occupy or use any vacant land.
B.
Change the use of a structure or land for a different use.
C.
Construct, reconstruct, move, alter or enlarge any structure or building.
D.
Change a nonconforming use.
E.
Applications for the zoning permit shall be accompanied by a plot 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 established by resolution of Council.
§ 304-40 Zoning occupancy permit.
A zoning occupancy permit shall be obtained before any person may occupy or use any structure hereafter constructed, reconstructed, moved, altered or enlarged.
§ 304-41 Review of a proposed one-family house.
The application for approval of a zoning permit for the erection or expansion of a one-family house shall consist of not fewer than three drawings of the proposed site plan together with any documents that may be required for a grading permit. The Zoning Officer shall approve such application if it meets all requirements of this chapter within 30 days or disapprove the application for cause within the same time period.
§ 304-42 Enforcement remedies; violations and penalties.
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, 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 building, structure or land or to prevent in or about such premises any act, conduct, business or use constituting a violation.
§ 304-43 Amendments.
Council may amend this chapter as proposed by a member of Council, by the Planning Commission, or by a person residing or owning property within the borough in accordance with the following provisions:
A.
Petitions for amendment shall be filled with the Planning Commission at their regular monthly meeting and petitioner, upon such filing, shall pay an advertising deposit and a filing fee in accordance with the schedule fixed by resolution. The Planning Commission shall review the proposed amendment and report its findings and recommendations, in writing, to Council and to the petitioner. The proposed amendment shall be introduced before Council only if a member of 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 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 borough.
C.
Before voting on the enactment of the amendment, 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, Council shall hold another public hearing pursuant to public notice, before proceeding to vote on the amendment.
§ 304-44 Zoning Hearing Board.
In accordance with law, Council shall appoint and organize 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. The Board shall have the functions, powers and obligations specifically granted by law.
A.
Variances. The 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 Board may grant a variance provided the following findings are made where relevant in a given case:
(1)
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 this chapter in the district in which the property is located.
(2)
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 such property.
(3)
That such unnecessary hardship has not been created by the appellant.
(4)
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.
(5)
That 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.
B.
Special exceptions. The Zoning Hearing Board shall hear and decide requests for special exceptions enumerated in this chapter. A special exception is issued for an exceptional use which may be permitted within a particular zoning district if the Zoning Hearing 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 Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
C.
Appeals from the Zoning Officer. The Zoning Hearing Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this chapter or of the District 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.
D.
Challenges to the validity of the ordinance. The Zoning Hearing 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 Council to the court.
E.
Stay of proceedings. Upon the filing of proceedings before the Zoning Hearing Board appealing a determination of the Zoning Officer, challenging an ordinance or requesting a variance or special exception and during the pendency of such proceedings before the Zoning Hearing Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body and all official action thereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Zoning Hearing Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Hearing Board or by the court having jurisdiction of appeals on petition after notice to the Zoning Officer or other appropriate agency or body.
F.
Hearings. The Zoning Hearing 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 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 ordinance, or in the absence of ordinance, provision by rules of the Zoning Hearing Board.
(2)
The hearing shall be conducted by the Zoning Hearing Board, or the Zoning Hearing Board may appoint any member or alternate 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 Zoning Hearing Board and any other person, including civic or community organizations permitted to appear by the Zoning Hearing Board.
(4)
The Chairman or Acting Chairman of the Zoning Hearing 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 Zoning Hearing Board or hearing officer, as the case may be, shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost. The appearance fee for a stenographer shall be shared equally by the applicant and the Zoning Hearing Board. The cost of the original transcript shall be paid by the party ordering it.
(8)
The Zoning Hearing 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 which any party or his representative unless all parties are given an opportunity to be present.
(9)
The Zoning Hearing 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 Zoning Hearing Board or Hearing Officer. Where the Zoning Hearing Board fails to render the decision within 45 days after the last hearing before the Zoning Hearing 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 Zoning Hearing 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 above.
(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 Zoning Hearing Board personally or by mail not later than the day following its date.